LIBRARY 


UNIVERSITY   OF  CALIFORNIA 

Received 
Accessions   No. 


&4S^r  \ 

Shelf  No. 


THE 

POLITICAL  CLASS  BOOK ; 

INTENDED 

TO  INSTRUCT  THE  HIGHER  CLASSES  IN  SCHOOLS 

IN  THE 

ORIGIN,  NATURE,  AND  USE 

OF 

POLITICAL  POWER. 


"Government  is  instituted  for  the  common  good  ;  for  the  protection,  safety,  pros- 
perity, and  happiness  of  the  people  ; — and  not  for  the  profit,  honor,  or  private  interest 
of  any  one  man,  family,  or  class  of  men.'"  Mass.  Bill  of  Rights. 

"  Ignorantia  legum  neminem  excusat ;  omnes  enim  praesumuntur  eas  nosse,  quibui 
cranes  consentiunt." 


BY    WIL.L.IAM    SULLIVAN, 

COUNSELLOR    AT    LAW. 


WITH  AN 

UPON  STUDIES  FOR  PRACTICAL  MEN; 

WITH  NOTICES  OF  BOOKS  SUITED  TO  THEIR  USE. 


BY  GEORGE  B.  EMERSON. 


RICHARDSON,    LORD    AND    HOLBROOK, 

133  Washington  Street. 

1831. 


DISTRICT  OF  MASSACHUSETTS,  to  wit , 

District  Clerk's  Office. 

BE  IT  REMEMBERED,  That  on  the  seventh  day  of  January,  A.  D.  1831,  and  in  the  fifty - 
tifth  year  of  the  Independence  of  the  United  States  of  America,  WILLIAM  SV.LIVAK 
and  GEORGE  B.  EMERSON,  of  the  said  district,  have  deposited  in  this  office  the 
title  of  a  book,  the  right  whereof  they  claim  as  authors  and  proprietors,  in  the  words 
following,  to  wit : 

"  The  Political  Class  Book  ;  intended  to  instruct  the  Higher  Classes  in  Schools  in 
the  Origin,  Nature,  and  Use  of  Political  Power.  '  Government  is  instituted  for  the 
common  good  ;  for  the  protection,  safety,  prosperity,  and  happiness  of  the  people; — 
and  not  for  the  profit,  honor,  or  private  interest  of  any  one  man.'  Mass.  Bill  of  Rights. 
'  Ignorantia  legum  neminem  excusat ;  omnes  enim  prsesumuntur  eas,  nosse,  quibus  om- 
nes  consentiunt.'  By  William  Sullivan,  Counsellor  at  Law. — With  an  Appendix 
upon  Studies  for  Practical  Men ;  with  Notices  of  Books  suited  to  their  Use.  By 
George  B.  Emerson.  New  Edition,  with  Amendments  and  Additions." 

In  conformity  to  the  act  of  the  Congress  of  the  United  States,  entitled,  "  An  Act 
for  the  encouragement  of  learning,  by  securing  the  copies  of  maps,  charts,  and  books, 
to  the  authors  and  proprietors  of  such  copies  during  the  times  therein  mentioned  ;"  and 
also  to  an  act,  entitled,  "  An  Act  supplementary  to  an  act,  entitled,  '  An  Act  for 
the  encouragement  of  learning,  by  securing  the  copies  of  maps,  charts,  and  books,  to 
tho  authors  and  proprietors  of  such  copies  during  the  times  therein  mentioned;'  and 
extending  the  benefits  thereof  to  the  arts  of  designing,  engraving,  ami  etching  histori 
«a>  and  other  prints." 

JNO.  W.  DAVIS, 

(Berk  of  the  District  of  Massachusetts, 


.-•• 


or 


INTRODUCTION 


TO  THE  FIRST  EDITION. 


THE  people  of  the  United  States  have  undertaken  to 
preserve  and  transmit  civil  and  religious  liberty,  and  the 
blessings  of  life,  by  the  administration  of  just  and  equal 
laws,  made  in  conformity  to  written  constitutions,  voluntari- 
ly adopted. 

There  must  be,  somewhere,  an  authority  competent  to 
judge  whether  such  laws  are  so  administered.  This  au- 
thority resided  in  those  who  instituted  our  governments. 
It  passed  to  their  successors.  It  resides,  always,  in  those 
who  compose  the  political  community.  This  community 
has  not  only  the  exclusive  right  to  judge  whether  power, 
established  for  its  benefit,  is  constitutionally  exercised,  but 
also  the  absolute  right  to  amend,  and  even  to  abolish,  an 
existing  system,  and  substitute  any  other. 

Such  sovereign  power  implies  knowledge  of  the  subjects 
to  which  it  is  to  be  applied  ;  and,  as  there  is  no  distinction 
in  the  political  rights  of  the  members  of  the  community, 
every  citizen,  who  has  attained  to  the  age  of  twenty-one 
years,  is  entitled  to  all  the  rights  of  citizenship,  and  is  held 


IT  INTRODUCTION. 

to  the  performance  of  all  its  duties.     He  must,  therefore, 
be  presumed  to  know  what  these  rights  and  duties  are. 

Every  citizen  of  a  state  is  also  a  citizen  of  the  United 
States.  Being  entitled  to  all  the  rights  of  national  citizen- 
ship, and  held  to  the  performance  of  all  its  duties,  he  must 
be  presumed  to  know  what  these  are.  Among  these  are 
included  the  duty,  and  consequently  the  competency,  of 
judging  whether  those  who  undertake  to  administer  the 
National  Government  execute  their  trust  with  ability  and 
faithfulness. 

It  is  not  perceived  that  provision  has  been  made,  in 
the  usual  course  of  education,  to  qualify  those  who  are 
approaching  manhood,  to  discharge,  with  advantage  to 
themselves,  and  with  justice  to  their  fellow-citizens,  the 
political  duties  which  they  must  assume.  If  the  young 
acquire  any  knowledge  of  mis  nature,  it  must  be  by  in- 
ference and  accident,  and  not  because  it  is  systematically 
imparted. 

This  small  volume,  of  very  humble  pretensions,  is  de- 
signed to  do  something  towards  supplying  what  is  supposed 
to  be  a  want,  in  the  present  course  of  education.  It  treats, 
briefly,  several  subjects,  which  are  commonly  supposed  to 
be  above  the  intellectual  capacity  ot  the  young.  This 
difficulty  has  been  met,  it  is  hoped,  by  the  elementary 
mode  of  treatment.  The  book  is  divided  into  chapters 
and  short  sections,  as  is  usual  in  school  books ;  and  ques- 
tions are  appended,  intended  to  intimate  the  subject  com- 
prised in  each  section. 


INTRODUCTION.  r 

If  this  book  should  be  deemed  worthy  of  being  made 
a  class  book,  it  is  supposed  that  it  may  be  most  profitably 
used,  by  requiring  of  a  pupil  to  give,  in  his  own  word,\ 
the  meaning  of  sections.  This  is  the  same  intellectual 
exercise,  which  is  required  in  the  business  of  life,  in 
whatsoever  department  of  industry  one  may  find  his  lot  to 
have  been  cast. 

A  book  comprising  many  subjects,  and  yet  small  enough 
to  be  a  school  book  for  general  use,  could  not  contain 
practical  and  historical  illustrations.  Intelligent  teacners 
can  easily  supply  these,  from  their  own  resources.  They 
can  do  this  in  a  mode  not  too  much  in  use,  that  is,  by  an 
interchange  of  thoughts  between  themselves  and  their 
pupils ;  and,  by  such  means,  lead  to  a  useful  exercise 
of  the  powers  of  the  mind. 

To  the  young  it  may  seem,  that  time  moves  heaviiy. 
But  it  will  soon  remove  many  of  their  predecessors,  and 
advance  themselves  to  the  rank  of  citizens.  Almost  un- 
conscious of  the  change  that  is  in  process,  they  will  sudden- 
ly find  themselves  called  upon  to  take  their  part  in  affairs, 
which  involve  the  most  important  interests  of  a  great  and 
increasing  people. 

It  is  yet  a  problem,  whether  united  representative  re- 
publics will  continue  to  diffuse  their  blessings  througn  a 
prosperous  and  grateful  community.  The  solution  may 
depend,  in  no  small  degree,  on  the  veneration  which  the 
young  carry  into  manhood,  for  the  institutions  of  their  fa- 
thers ;  and  not  less  on  their  ability  to  distinguish  between 


vi  INTRODUCTION. 

the  unprincipled  contrivances  of  politicians,  and  the  manly 
actions  of  statesmen. 

At  the  request  of  the  writer,  a  gentleman  well  quali- 
fied to  render  such  service  to  the  community,  has  furnish- 
ed instructions  for  a  course  of  reading  on  the  arts,  sciences, 
and  history.  This  course  is  introduced  by  explanatory 
remarks,  which  will  be  found  highly  instructive,  not  only 
to  those  who  are  seeking  the  advantages  of  an  education, 
but  to  those  who  are  engaged  in  the  active  scenes  of  busi- 
ness. The  part  of  the  volume  alluded  to,  is  contained  in 

an  Appendix. 

W.  S. 
Botton  Mass.,  August  1, 1830. 


TIT* 


(foinvEBSITYj 


ADVERTISEMENT 


TO  THE  NEW  EDITION. 


THE  first  edition  having  been  more  favorably  received 
than  was  even  hoped  for,  and  very  soon  disposed  of,  the 
publishers  applied  to  the  authors  to  revise  the  book  for  a 
new  edition.  In  doing  this,  all  the  suggestions  which  have 
been  made  by  way  of  improvement,  have  been  attended 
to.  For  some  of  them,  a  due  sense  of  obligation  is  enter- 
tained. Many  corrections  have  been  made.  Additions 
have  also  been  made ;  and  among  them  a  new  chapter, 
as  a  substitute  for  the  concluding  one  of  the  former  edition. 
In  this  (chapter  XXX),  an  attempt  is  made  to  show  the 
nature  and  use  of  physical,  moral,  and  intellectual  power  ; 
and  also  the  principles  on  which  manners  are  formed,  and 
what  their  proper  utility  is,  in  social  intercourse.  In  page 
151  will  be  found  a  note,  on  the  constitutional  law  of 
debtor  and  creditor ;  and,  next  following  this,  a  note  on 
crimes,  showing  the  distinction  between  national  and  state 
jurisdiction.  A  copious  Index  is  prefixed  to  this  volume. 

To  the  Appendix  has  been  added  a  chapter  on  moral 
philosophy,  in  which  the  three  branches,  into  which  this 
subject  is  usually  divided,  are  explained. 


viii  ADVERTISEMENT. 

This  edition  is  designed  for  schools,  in  all  the  stales  in 
the  Union;  and  to  make  it  fit  for  this  purpose,  the  con- 
stitution of  each  state  has  been  described.  The  analysis 
of  the  constitution  of  Massachusetts,  and  of  that  of  the 
United  States,  will  enable  instructers  in  each  state  (with 
the  aid  of  the  description  above  mentioned)  to  explain  how 
powers  are  derived  and  exercised,  in  their  respective  states. 
It  is  impracticable  to  be  more  particular ;  it  is  believed, 
that  the  course  adopted  will  be  found  sufficiently  so. 

It  is  improbable,  that  either  of  the  authors  will  have 
leisure,  or  inducement,  to  make  any  further  alterations. 
So  far  as  they  may  be  permitted  to  judge,  the  volume  will 
be  found  to  contain  all  that  is  necessary  to  the  object  in 
view;  and  as  it  is,  and  such  as  it  is,  it  must, find  its  own 
way,  as  it  can.  If  it  should  attain  to  the  honor,  for  which 
it  was  framed  and  designed,  and  should  prove  to  be  useful 
to  those  who  are  to  be  citizens ;  and  if  it  should  enable 
them  to  understand  the  institutions  of  their  own  country 
(the  value  of  which  is  made  the  more  striking  by  recent, 
and  probable  events,  in  other  countries) ;  the  purpose  of 
the  authors  will  have  been  accomplished,  and  their  labors 

most  acceptably  rewarded. 

W.  S. 

G.  B.  E. 

Boston,  Mass.,  January  1,  1831. 


INDEX 


POLITICAL  CLASS  BOOK, 


Sections. 

Acquired  qualities,  ............  412 

Actions,    .....................  113 

Administrator,  ................  132 

Admiralty,  courts  of,  ..........  28$ 

Adults,    ......................  319 

Age,  when  attained,  ...........  325 

Alabama,  State  of,  ............  1  62 


Aliens,  naturalization  of. 
A  mbassadors, 

A  i.ieric;;  .  discovery  of, 


A  pprenticesliip, 

Aristocracy,  defined, 

Arkansas  territory,  ...........  164 

Army,  .........  ."  .......  ......  214 

Arrest  on  complaint,  ...........  102 

Arson,  .................  p.  155 

Assessors,  defined,   ............  77 

--  ,  mistakes  of,  ........  77 

Attorney,'  ....................  113 

Attorney  General  of  U.  States,   .  £-•'> 

J  'a'l  ,  meaning-  of,  .......  .  ......     99 

Ballot,  meaning  of,  ............     70 

Bankrupt  and  insolv.  laws,  p.  151 
Bankruptcy,  ..................   199 

t.r.aks,  different  kinds  of,  .  .  304,  311 
Belligerents,  defined  ...........  276 

Bible,  ............  .'  ...........  359 

Bills  of  exchange,  ............  •   313 

Blasphemy,  ............  p.  155 

Blockade,'  ....................  280 

Body  politic,    .................     38 

Boston,  city  of,   ...............     49 

Burglary.  ..............  p.  155 

Cabinet,  of  president  of  U.  S.,    227-9 
<  .'alvin,  John,  ..........  t  ......  382 

Capital  trial,  ...............   121-9 

Catholic  church,    ..............  379 

C;i-.ii-us,  ......  ...      43 


Census,  what,  and  why  taken,. . .  190 

Chancery  suit, 120 

Charter,  denned 49 

Christian  religion  j  sects,  ....  374—87 
Church  and  state,  uniois  of,  . .  377-81 

of  England, 38 1 

Citizens,  duty  of. -11 

Civil  suits,    1J:> 

Claims  against  states,  and  U.  S.,  167 

Classification  of  persons. 345 

Coin,  and  coining. 197 

Coliseum,   (note  to)  269 

Colonies. 171 

Columbia,  District  of, 
Columbus,  discovery  by, 
Commerce,  regulation  of. 

Common  law, 65 

Commonwealth,    31 

Complaint,  criminal, J02 

Confederation ,  articles  of, 1 7.  '• 

Congress  of  U.  S.,   i';-< 


-,  session  of,  213-21  i 

Connecticut.  Siate  of, 14: > 

Conscience,  defined, 

Constable. (noto  tc)     -!  i 

Constitution,  defined, 34 

',  of  U.  8.  formed.  .   171— > 

,  different  con- 
structions of, 178-:) 

,  duUcuUies  in 

forming, 1 17 

,  true  meaning 

of,   1 73 


,  and  States.  180-4 

,   maladminis- 
tration of. Ilii 


Constitutional  prohibitions,  p.  151 
Constitutions  of  states.     (Sec  the 


names  of  states.) 


-,  compared,  107 


INDEX  TO  THE 


Sections 

Consuls,  266 

Contempt,  (manners) 407 

Contraband. 28C 

Contracts,  denned, 294-300 

made  by  minors,...  320-1 

,  marriage, 340-1 

f  remedies  on, 303 

Convention,  defined, 55 

Copy-rights, 201 

Coroner,  

Corporation,  defined,   3£ 

Counsel,  duty  of, 125 

Counties,    

County  offices,  and  buildings,  ...     94 

County  treasurer,   9i 

Court,  defined.   (note  to)     53 

,  Supreme,  U.  S 238 

,  its    power 

over  state  courts,  in  constitu- 
tional questions, 239 

,  S.  J.  of  Mass., 91-92 

,  powers  and 

duties  of, 115-121 

,  Common  Pleas, 103 

,  probate, ISO 

Courts  of  admiralty, 283 

of  law 89 

martial , p.  1 56 

Crimes, p.  154 

,  minors  punishable  for, . .  322 

Criminal  jurisdiction,  ....  p.  154 

Currency,  defined, 21 

Custom-house, 208 

Debt,  public,   202 

Decisions  of  Supreme  Court  of 

U.S.,  p.  151 

Deed,  defined, 292 

Delaware,  State  of,   149 

Democracy,  defined,  32 

Department,  home, 231 

Departments,  heads  of, 220 

,  duties  of,  221 

Despotism,  defined,  . .' 27 

Diplomacy,  defined, 225 

Discounting, 306 

Dissenters ,  religious,   386 

Doctors,  medical, 362 

Dress,  proper  use  of,  397 

Duties,  revenue,  208 

Education,  defined, 398 

of  females, 343 

,  proper  time  for, 414 

,  uses  of, 334 

Electors  in  Massachusetts,  47 

of  president  U.S.,  .  216-18 

vice  president,  ..  216-18 

Eloquence, 67 

Employments,  choice  of, 356 


Sections. 

Employments,  mechanical,  . . .  358-9 

,  mercantile, 359 

,  professional, 360 

English  church, 384 

Entry  at  custom-house, 208 

Envoy, 261 

Episcopalians, 377 

Escheat,  defined, 337 

Estate,  alienation  of,  2S2 

,real, 290 


Estates,  settlement  of, 131-5 

, 337-9 

Exchange,  bills  of, 313 

Execution,  writ  of,   114 

Executive  of  Massachusetts,  ....     78 

. ,  how 

elected, 79 

U.S., 215 


Executor, 1: 

Exequatur  (consular), 266 

Expenditures  of  U.  S., 210 

Faculties  of  the  mind,  6 

.  defined,  400-11 

Farmers, '. 355-7 

Fashion,  meaning  of,  402 

Father  and  children, 329 

Federal,  meaning  of,  ..(note  to)  172 

Felony, p.  154  ^ 

Female  education,  defects, 343 

Fire,  insurance  against, 316 

Freeholders, 290 

General  Court,   53 

Georgia.  State  of, 154 

Gold  and  silver  coin, 197 

Governments,  different  forms  of,  27-36 

,  feudal, 29 

of   U.   S.,   excel- 
lence of, 36 

Governor's  constitutional  title,.  78-80 
duty  to  legislature,  . .     66 

Governor,  lieutenant, < 

power  and  duty  of,    01-86 
Greek  church, ' 379 

Habeas  corpus,  writ  of, 244 

Homicide,  '. p.  15=1 

Honorable,  title  of, £3 

House  of  Representatives   of  U. 

States,.. 187-9 

,  organ- 


ization  of, 
Husband  and  wife, 326-8 

Illinois,  State  of, lb'1 

Imagination 

Impeachment, 137, 212 

Indiana,  State  of, 158 

Indians,  right  of  soil, 168-9 

Infancy,  31B 


POLITICAL  CLASS  BOOK. 


Section.-. 

Inheritance, 337-4°2 

Insolvency,  meaning  of,  133 

Insolvent  judgments  of  Supreme 

Court  U.  S p.  151 

laws, p.  151 

Insurance  companies, 315 

.,    fire,     life, 

mutual, 317 

Intellect,  meaning  of, 400 

"•  ,  powers  of,  defined,  .  411-13 
Intestate,  339 

Jerusalem  and  Jews,  371 

Judges,  removal  of? 136-7 

Judgment  and  judging,  defined, .       6 
Judicial  power  of  U.  SL  ....  232-40 

: .(See  Note 

on  Crimes, p.  156. ) 

Judiciary  of  U.S., 233,240 

Jurisdiction,  defined,  283 

Jury  for  trials, 106-10 

,grand, 106-110 

Justice,  administration  of,  ....  89-91 
,  in  dif- 
ferent states, 167 

.-.-  .  ,  civil  and  criminal, ......     89 

Justices  of  peace, 96-101 

Kentucky,  State  of, 155 

"  Knowledge  is  power," 415 

Knowledge,  sources  of, 5 

Labor,  division  of,   20 

Ladies,  education  of, 343 

Larceny, p.  155 

Law,  defined,   53 

,  different  kinds  of, 254 

,  inferences  from. 285-8 

making  power,  limited,  ...     62 

of  nations, 250 

Laws,  bankrupt    and    insolvent, 

p.  151 

,  how  made, 60 

.  origin  and  need  of, 24-5 

,  unconstitutional,  void,  ...  63 

Lawsuit 113 

Lawyers, 363 

Louisiana,  State  of,  159 

Luther,  Martin, 380 

Mails,  203 

Maine,  State  of,  139 

Male  adults,  rights  and  duties,  . .  327 

Manifest,  custom-house,  208 

Manifesto,  in  war, 283 

Manners,  defined, 401 

,  how  formed, 406 

Manufacturing,  349-50 

Marriage,  rights  by, 328 

settlements, 340 

Maryland,  State  of, 150 


Section*. 

Massachusetts  constitution, 39 

government,   ....     37 

. representatives,   .     56 


election  of, 51 

senators, 54 

,  State  of,  141 

•  •  town  meetings,  . .  43 


mode  of  calling, 44 

Mayor,  defined. 52 

McMillan  vs.  McNeill,  case   of, 
p.  153 

Measures  and  weights, 205 

Mechanic  employments, 347-8 

Memory,  defined, 6 

Men,  governed  by  natural  law,  .     14 

must  live  in  society,  ....  15-16 

Merchants, 351-2 

Message,  executive, 66, 219 

Metals,  22 

Michigan  Territory,  164 

Miles,  square.     (See   names   of 
states.) 

Military,  defence, 241 

Militia,  245-6 

,  as  to  nation  and  state,    246-8 

- — ,  different  opinions  on,  ...  249 

Minister,  diplomatic, 263 

of  Gospel, 361 

Minors, 318 

abilities  and  disabilities,  321-4 

enlisted  in  army, 244 

may  make  a  will; 323 

punishable  for  cnmes,  . . .  322 

Mississippi,  State  of, 160 

Missouri,  State  of, 163 

Territory, 164 

Monarchy,  mixed, 30 

Money,  universal  measure, 22 

Moral  sense. 400 

Municipal,  defined, 51 

Murder, p.  154. 

Nations,  law  of, 250 

Natives,  how  dispossessed,  . . .  168-9 

Naturalization, 198 

Navy,  244 

Negative,  in  law-making, 61 

Neutrals, 276 

,  rights  and  duties  of,  ...  281 

New  Hampshire,  State  of, 140 

New  Jersey,  State  of,  147 

New  Testament, 374 

New  York,  State  of, 145 

constitutional  powers,  146 

North  Carolina,  State  of, 152 

Notaries  public, 314 

Notes,  promissory. 312 

Oath,  meaning  of, 392 


INDEX  TO  THE 


Sections. 

Oincers,  town, 68 

Oexien    vs.   Saunders,   case    of. 
p.  153 

Ohio,  State  of, 157 

Old  Testament, 369 

Oligarchy,  28 

Pardon,  power  of, 81 

Parent  and  child, 329 

Parishes, 395-7 

Passions,' 6 

Patents, 200 

Pennsylvania,  State  of, 148 

Perjury, p.  155 

Persons,  how  classed, 3 15 

distinguished,..  318-19 

Physical,  defined, 400 

Physicians, 362 

Piracy, p.  156 

Plenipotentiary, 262 

Politeness, .'....  405-6 

Political  safety, 415 

Polls,  meaning  of, 57 

! _ 72-1 

Pope,  origin  of, 378 

Post-office, 203-19 

President  of  U.  S., 216-19 

Privateers, 274-5 

Prize, 275 

Probate  Court, 130 

appeals, 134 

Professions,  learned,  353-4 

Promissory  notes, 312 

Property,  personal, 289-93 

,rcal 289-93 

Protestant  religion, 385 

Protests, 314 

Puritans, 384 

Quorum, 96 

,  defined, (note  to)  218 

Reason,  or  light  of  nature, 1,4 

,  reasoning,  defined,  ....       6 

Recognizance, 99 

"  Reformation'-'  of  religion, 380 

Registry  of  deeds, 94 

Religion, 366-88 

Religious  societies, 395 

Repealing  of  laws, 63 

Representation,  basis  of  U.  S.,   188-9 

Hepub'ic,  defined, 31-35 

Revenue  of  U.S., 206 

Reversion,  defined, 339 

Revolution,  defined, 40 

Robbery, p.  155 

Rulers,  duty  of, 41 

Sabbath,  duly  concerning,. . . .  293-4 

Seamen  pressed  in  war, 282 

Secretary  of  commonwealth,  ...87-8 


Section* 

Secretary  of  state  of  U.  S., 224 

Senate,  how  formed,  5$ 

of  U.S.  ..  ,.  193-5 


Sentence,  admiralty  court,  ....  283 

Sheriffs, ". ,.     94 

Shire  towns, 94 

Slander,  evil  of. 409 

Slavery,  where  existing, 164 

Smuggling,  revenue, 209 

Society,  (advancement  of, ~3 

,  <  -rigin  of, 1 

,  principle  of,  17 

,  well  regulated, 26 

South  Carolina,  State  or, 153 

Sovereignty,  defined, 173 

,  where  residing, ....     43 

Speech,  power  of, 7 

Squaremiles.(Seenamesofstates.) 
State  constitutions  compared,. . .  167 

governments, 138 

insolvent  laws,  ....  p.  151 . 

Statute,  defined, 61 

Stocks,  public  debt, 202 

Sturges  vs.  Crowningshield,  case 

of, p.  152 

Suffrage,  universal, 165 

Tariff,  revenue, 20(5 

Taxes,  assessment  of, 72-7 

,  collection  of, 72-7 

Tennessee,  State  of, 156 

Testate  and  intestate, 339 

Time,  how  computed, 370 

Titles,  none  by  the  constitution 

of  U.S..  ." 219 

Town  meetings, 43 

voting, 69 

Towns,  powers  of,  71 

Trader, 35! 

Treasurer,  state, 87-8 

Treaties, 264 

Trial,  capital, 121-9 

,  ,-ivil, 1 13-14 

,  criminal, 1 06-1 12 

Tyranny,  defined, 27 

Tyrants,  great  and  small, 


Universal  suffrage, 


407 
165 


Verdict,  defined, 1 26 

Vermont,  State  of,   142 

Virginia,  S'ate  of, J51 

Voting  in  Massachusetts, 47-48 

,vivavoce, 150 


Wages,  nature  of, 345 

War,  kinds  of, 269-76 

— -,lawof,.... 267 

Washington's  opinion, 175 

Weights  and  measures, 205 

Widow,  guardian, 342 


APPENDIX. 


Sections. 

Widow,  provision  for, 338 

Wife  and  husband, 330-7 

,  debts  by, 330 

.will  made  by,  341 

Will  by  minor, 323 


Sections. 

Wills,  making  of, 135 

Writ  of  habeas  corpus,    244 

Writs,  what,  and  how  issued,  ...  113 

"Year  of  our  Lord." ,    ..370 


1JVDEX 


APPENDIX  . 


Page. 

Accounts,  importance  of, 3 

Adams's  Lectures  om  Natural  Phi- 
losophy,    11 

H.  New  England, 25 

Agriculture, 2 

Audit's  Elizabeth  and  James  I.,  . .  25 

Algebra 13 

Allen's  Mechanics,   12 

America, 26 

American  Institute's  Lectures,  ...  15 


Belknap's  Biography, 

New  Hampshire, 

Berthollet  on  Dyeing, 

Bible, 

Bigelow's  Technology, 

Biography,  

Bonnycastle's  Algebra, 

Brunt'on's  Mechanic's  Text  Book, 
Builder's  Pocket  Manual, 

Cambridge  Mechanics  and  Phys- 

.    ics, 

Carpenter, 

Carpentry, 

C  h  ari  ty , 

Cheever's  Studies  in  Poetry, 

Chemistry,  books  on, 

useful  to  farmers, 

— _— — — — mechanics,... 

Civil  Engineering, 

Classification  of  the  arts, 

Colburn's  Algebra, 

Conscience, 

Conversations    on     Botany    and 
Vegetable  Physiology, 


T*§e. 

Conversations  on  Chemistr     .....     4 


Natural 


ry,  ..... 

rhiloso- 


Davy's  Agricultural  Chemistry,  .  .  4 

Day's  Algebra,  ................  13 

Duties  to  God,  .................  20 

-  others,  ...............  18 

-  ourselves,  ............  1(> 

Dyer  and  dyeing,  ..............  (J 

Economy  of  time,  a  duty,  .......  Ifi 

Emerson's  Mechanics,  ..........  11 

Euclid's  Geometry,  ............  13 

Europe,  .......................  26 

Exercise  of  the  faculties,  ........  17 

Ferguson's  Lectures,  ...........  11 

F!iut's  Geography,  .............  25 

--  -  Valley  of  the  Mississippi,  .  25 

Forest  Trees,  ..................  3 

Franklin's  Life,  ................  24 

Geography,  ....................  26 

Geometry,  ....................  8 

Goldsmith's  Histories,  ..........  25 

Greek  language,  ...............  14 

Gregory's  Mathematics  for  Prac- 

tical Men,  .................  12 

Guide  in  Reading,  ..............  2G 

Kale's  Carpentry,  ..............   12 

-  Geography,  ..........  ...  26 

Hall's  Lectures  on  School4;eephig,  15 
Henry's  Chemistry,  ............   17 


INDEX  TO  THE  APPENDIX. 


Page. 

History,  importance  of,  and  books 

on, 25 

Howard's  Life, 24 

Instruction, 13 

Irving' s  Columbus, 25 

Joyce's  Scientific  Dialogues,  ....  11 

Lacroix's  Algebra, 13 

Latin  language,   14 

Legendre's  Geometry, 13 

Library  of  Entertaining  Knowl- 

edge . 23 

Useful  Knowledge,  10-13 

Light,  effects  of.. , . . 7 

Mackintosh's  England, * . . . .  26 

Malte-Brun's  Geography, 26 

Marshall's  Washington, 25 

Mason,  art  of  the, 9 

Mason  on  Self  Knowledge, 24 

Massachusetts,  Histories  of, 25 

Master  and  apprentice, 20 

Mechanics,  uses  of,    9 

,  books  on, 12 

Moral  Philosophy, 16 

Natural  History, 23 

Philosophy, 11 

Newman's  Rhetoric. 26 

New  Testament, 14-21 

Painter, 6 

Paley's  Moral  Philosophy,   21 

Natural  Theology, 24 

Parent  and  child, 20 

Parkhurst's  Moral  Philosophy,  ...  15 
Perkins's   Historical  Sketches   of 

the  United  States, 26 

Personal  duties, 16 

Plutarch's  Lives, 24 

Poetry, 26 


Politeness, 19 

Pursuits  in  life, 1 

Reading,  uses  of, 23 

Religious  duties, 20 

Robertson's  America, 25 

Charles  V., 25 

Sciences, 15 

Scientific  Class  Book,   11 

Scott's  Napoleon, 25 

Tales, 26 

Sganzin's  Civil  Engineering,  ....  12 
Smellie's    Philosophy   of   Natural 

History, 23 

Social  duties, 18 

Sullivan's  Maine, 25 

Tanner, 5 

Temperance, 16 

Thomson's  Chemistry, 11 

Trumbull's  Connecticut, 25 

Truth, IS 

Tudor's  Letters;  and  Life  v.\  James 

Otis, 25 

Turner's  Chemistry, 10 

Tytler's  History jr 25 


Ure's  Chemical  Dictionary,. 
Useful  Arts  and  Trades,  "... 


Walker's  Geometrv, 12 

Washington's  Life 24 

Watts  on  the  Mind, 24 

Webster's  Chemistry, 10 

Wesley's  Life, 24 

W!;c!p!ey's  Ccmpend, 25 

White's  Li!?., 24 

Willard's  Kf  public, 25 

Williams's  Vermont, 25 

Wood's  Algebra, 13 

VVorcesters  History, 25 


THE 

«.i«iv BOOK 

OF 


[UNIVERSITY" 


On  the  Laws  which  govern  Men  in  Society 

1.  REASON,  or  the  mere  light  of  nature,  does  not  make 
known  to  us  with  certainty  either  our  origin  or  destiny.  We 
know  that  ue  did  not  form  ourselves,  either  as  to  mind  or 
body  ;  nor  call  ourselves  into  being  :  nor  do  we  know  when 
life  will  end,  though  we  know  it  must  end.  We  see  that 
there  are  families,  and  that  there  are  many  relations  arising 
out  of  family  ties  ;  that  many  families,  dwelling  in  a  neigh- 
borhood, make  a  society,  or  community  ;  that  many  commu- 
nities of  families  make  a  nation  ;  and  that  a  nation  occupies 
;;  part  of  the  surface  of  the  earth,  us  its  own. 

*2.  We  know  that  the  earth  is  fitted  to  be  our  dwelling- 
}  '  _:e  ;  that  all  things  necessary  to  human  life,  and  comibrt. 
;~:.?id  pleasure,  except  heat,  light  and  air,  come  in  some  way, 
with  or  without  man's  labor,  from  the  earth,  or  its  waiers. 
We  know  that  the  earth  performs  iis  journey  around  the  sun 
once  in  every  year  ;  that  from  this  motion  the  variety  of  sea- 
sons is  derived  ;  that  it  turns  on  its  own  axis  once  in  every 
twenty-four  hours,  having  always  advancing  day  over  one 
half  its  surface,  and  retiring  night  over  the  other.  We  sec 
that,  with  the  coming  of  the  seasons,  the  same  changes 
recur  ;  that  in  winter  the  earth  is  bound  with  frost  ;  that  in 
spring  the  vegetable  kingdom  lives  again  ;  that  summer  pro- 
duces its  fruits,  and  its  harvests  ;  that  autumn  withers  and 
destroys  ;  and  that  winter  comes  again  with  frost  and  snow. 
We  see  that  these  changes  are  connected  with  animal  life  t 
in  that  part  of  the  globe  which  we  inhabit.  The  spring, 
summer  and  autumn  are  the  periods  of  labor  to  provide  for 
the  passing  from  the  old  to  the  new  year.  These  recurring 


8  POLITICAL  CLASS  BOOK. 

changes  impose  the  necessity  of  being  industrious,  and  of 
providing  for  wants  which  are  sure  to  come.  From  these  re- 
lations, rightly  understood  and  observed,  the  good  order  of 
society  arises.  We  see  that  the  sun  is  the  source  of  light 
and  heat ;  and  that,  though  it  is  at  a  great  distance  from  the 
earth,  the  changing  of  the  seasons  depends  on  its  influence. 
When  our  side  of  the  globe  is  turned  from  the  sun,  and  the 
absence  of  its  light  permits  other  luminaries  to  be  seen,  the 
vast  space  above  us  appears  to  abound  with  bright  orbs  ;  and, 
knowing  as  we  do  the  magnitude  of  some  of  them,  and  the 
distance  of  some  of  them  from  us,  and  from  each  other, 
the  mind  is  filled  with  veneration  and  awe  at  the  gran- 
deur and  magnificence  of  the  universe.  The  question  that 
naturally  rises  in  the  mind  is,  How  came  this  universe  into 
being  ? 

3.  This  can  be  answered,  by  the  light  of  reason,  no  other- 
wise than  by  feeling  a  solemn  conviction,  that  there  is  some 
GREAT  FIRST  CAUSE,  who  created  and  ordered  all  that  we 
perceive  ;  that  the  same  Cause  continues  to  govern  accord- 
ing to  HIS  own  laws  ;  and  that  HE  is  everywhere  present,  to 
preserve  the  beautiful  order  which  reigns  throughout.     His 
power  is  shown  not  less  in  the  delicate  forms  of  vegetable 
and  animal   life,  which  the   naked  human  eye  cannot  see, 
than  in  man  himself,  in  the  earth,  the  sun,  and  the  number- 
less worlds  which  exist  in  the  firmament.      Mere  reason 
infers,  that  to  this  Almighty  Lawgiver  adoration  and  obedi- 
ence are  due  from  all  created  beings  whom  he  has  blessed 
with  the  power  of  raising  their  thoughts  to  him.     But  mere 
reason   does  not  disclose  the  answer  to  the  anxious  inquiry, 
What  is  the  destiny  of  man  1     Is  that  being,  who  is  made 
capable  of  thinking  of  another  and  superior  existence,  shut 
out  from  it  ?     Does  he  end  here,  and  remain  forever  ignorant 
of  all  that  his  humble  senses  and  poor  thoughts  cannot  dis- 
close to  him  ? 

4.  The  hope  of  future  life  is  natural  to  the  human  mind  ; 
but  we  know,  from  the  writings  of  eminent  men,  who  lived 
before  the  time  of  the  Christian  revelation,  that  unassisted 
reason  cannot  assure  us  of  existence  beyond  the  present  be- 
ing.    Wherever  belief  in  future  life,  not  derived  from  Chris- 
tianity, has  been  entertained,  such  life  was  supposed  to  con- 
sist of  earthly  good  unmixed  with  earthly  evils,  or  of  earthly 
evils  unrelieved  by  any  good.*     The  doubts  and  perplexities, 

*  Pope's  Essay,  Eois.  I.  line  99,  &?c. 


POLITICAL  CLASS  BOOK.  9 

which  hung  over  human  liopc,  were  at  length  dispelled  by  tho 
revelation  of  Christianity.  From  this  source  we  are  assured, 
not  only  that  there  are  laws  for  human  life,  but  also  what 
they  are  ;  that  they  extend  beyond  this  transitory  scene  ; 
that  welfare  here,  and  future  condition,  depend  on  knowing 
what  these  laws  are,  and  in  rendering  obedience  to  them. 


CHAPTER  II 

The  Sources  of  Knoidedgc. 

5.  WHAT  the  human  mind  is,  is  not  known,  nor  to  be 
known.  Whether  there  be,  or  be  not,  innate  (or  inborn) 
ideas  in  the  mind,  is  a  point  on  which  philosophers  are  not 
agreed.  The  knowledge  of  outward  objects  is  conveyed  to 
the  mind  through  the  senses.  The  eye  (or  vision,  from  the 
Latin  video,  to  see)  makes  known  the  color,  shape,  size  and 
distance  of  objects.  The  sense  of  feeling  makes  known  soft- 
ness, hardness,  smoothness,  form,  &c. ;  that  of  smelling 
makes  known  the  fitness  or  unfitness  of  substances  for  our 
use  ;  that  of  tasting  renders  like  services.  The  ear  is  given 
to  assure  us  of  danger  or  security  ;  both  the  eye  and  the  ear, 
to  maintain  our  connexion  with  persons  and  objects  ;  and  all 
the  senses  to  be  sources  of  pleasure  and  of  pain.  By  the 
frequent  use  of  the  senses,  they  become  more  and  more 
acute.  In  many  mechanical  employments,  as  in  painting 
and  sculpture,  the  eye  attains  to  surprising  exactness* 
Among  musicians,  the  sense  of  hearing  acquires  a  wonderful 
accuracy  in  distinguishing  sound  from  sound,  and  one  sound 
from  all  others,  when  very  many  come  to  the  ear  at  the  same 
time.  The  sense  of  feeling  makes  known  to  the  skilful  the 
qualities  of  many  objects,  which  cannot  be  discerned  by 
others.  The  like  remarks  apply  to  the  other  senses.  The 
perfection  of  the  senses  depends  on  original  formation, 
and  on  the  use  which  is  made  of  them  in  education,  and  in 
business  or  pleasure. 

i».  When  the  senses  have  conveyed  to  the  mind  a  knowl- 
edge of  things  without  us,  we  have  the  power  of  retaining 
that  knowledge,  and  can  recall  the  impressions  made,  and 
think  of  them,  and  seem  to  see  the  outward  objects  before 
us.  We  separate  and  combine  anew  the  images  in  our 
ii:ind:i,  which  can  be  made  to  exist  in  reality  ;  as,  for  exam- 


10  POLITICAL  CLASS  BOOK. 

pie,  a  house,  ship,  a  picture,  mechanical  machinery.  In 
like  manner,  poems,  sermons  and  books  are  formed  out  of 
ideas  gained  through  the  senses,  and  out  of  innate  ideas  (if 
there  be  such)  which  are  reformed  and  arranged  by  think- 
ing. The  thoughts  of  one  mind  come  to  other  minds  by 
speech,  writing  or  printing.  From  our  experience  of  what 
the  mind  can  do  with  the  impressions  and  ideas  (that  is,  with 
what  it  perceives  to  exist  in  itself),  we  suppose  it  to  have 
certain  powers  and  faculties.  Reason  is  said  to  be  that 
[>ower  whereby  the  mind  comprehends  truths,  which  are 
necessary  and  universal  in  their  application  ;  as  that  the  vio- 
lation of  the  laws  of  our  nature  is  wrong  ;  or  that  two  things, 
each  of  which  is  equal  to  a  third,  must  be  equal  to  one  an- 
other. Reasoning  is  that  faculty  whereby  we  deduce  un- 
known from  known  or  given  truths.  Judgment  is  that 
faculty  whereby  the  mind  can  compare  the  relation  of  its 
ideas  to  each  other.  Judging  is  the  process  by  which  the 
mind  comes  to  a  conclusion  from  such  comparison.  Mem- 
ory is  that  faculty  by  which  the  mind  recalls  what  it  has 
formerly  perceived,  felt  or  thought.  That  faculty  by  which 
we  are  determined  to  do,  or  not  to  do,  is  called  the  will; 
that  by  which  we  range  through  created  or  fanciful  being, 
we  call  the  imagination.  Passions  are  strong  excitements 
of  the  mind  relatively  to  external  objects.  Though  we  speak 
thus  familiarly  of  the  mind,  we  know  nothing  of  it  but  from 
its  operations.  Its  connexion  with  the  earthly  matter  of 
•which  we  are  formed,  is  above  human  comprehension. 

7.  Other  animads  besides  men  have  the  power  of  making 
themselves  well  understood  by  sounds ;  but  speech,  with  the 
uses  which  can  be  made  of  it,  is  that  exalted  faculty,  which 
places  man  far  above  all  other  animals.     Speech  is  connect- 
ed wkh  the  mind  of  maia,  and  mind  connects  him  with  his 
Creator. 

8.  The  power  of  preserving  thoughts  by  writing  or  print- 
ing,  is  another  beneficent  gift  to  man  only.     By  these  means 
we  may  know  what  others  think  and  do  in  remote  countries, 
and  what  has  been  done  and  thought  in  the  past  ages  of  the 
world.     Thus  the  treasures  of  the  human    mind   descend 
through  successive  generations,  although  the  minds  in  which 
they  were  formed,  and  the  frames  which  these  minds  inhab- 
ited, may  have  long  ceased  from  the  earth. 

9.  Another  source  of  knowledge,  and  on  which  many  of 
the  most  important  acts  of  our  lives  depend,  is  this  :  We  know, 
ihat,  under  certain  circumstances,  a  certain  consequence  has 


POLITICAL  CLASS  HOOK.  13 

usually  followed.  We  do  not  know  that  it  certainly  will  fol- 
low ;  but  the  expectation  is  so  strong,  that  we  act  upon  it  a* 
a  certainty. 

10.  We  cannot  know  that  placing  a  youth  in  the  way  to 
receive  an  education,  and  knowledge  of  some  art  or  science, 
will  enahle  him  to  live,  and  thrive,  and  become  useful  to  him- 
self and  others.     But  as  such  efforts  have  been  usually  suc- 
cessful to  some  extent,  every  parent  endeavors  to  give  his 
children  the  opportunity  of  making  the  experiment. 

11.  We  observe  that  persons  are,  by  nature,  different  in 
external  form,  and  in  the  qualities  of  the  senses,  and  in  the 
power  of  using   what  the  senses  send  into  the  mind.     We 
know  that  both  bodily  and  intellectual  power  depends  much 
on  habit  and  discipline.     We  see  some  children,  who  are  ap- 
parently well  gifted  by  nature,  who  have  not  the  opportunity, 
or  who  neglect  to  use  it,  of  improving  their  senses  and  their 
minds.     We  see  others,  who  are,  by  nature,  less  fortunate, 
who  use  opportunities  with  great  diligence,  and  who  become 
superior  to  the  former. 

12.  There  is,  probably,  as  much  of  difference  among  chil- 
dren in  natural  disposition,  or  temper,  as  in  the  senses  a-nd 
qualities  of  the  mind.     Education  is  intended,  among  other 
things,  to  strengthen  good  dispositions,  and  to  correct  erro- 
neous or  defective  ones.     The  effect  of  education  on  the  nat- 
ural qualities  of  individuals  cannot  be  clearly  defined.    There 
must  have  been  many  persons,  whose  propensities  were  nat- 
urally wrong,  who  have  been  saved  from  disgrace  by  disci- 
pline, and  thereby  made  good  members  of  society.     So,  also, 
there  must  have   been  thousands,  who  were  naturally  well 
disposed,  and   adapted   to  be  worthy  in  themselves,  and  an 
honor  to  society,  but  who  have  been  tenants  of  prisons,  and 
some  of  whom  have  left  the  world  as  condemned  criminals. 
What  an  appeal  is  this,  to  those  who  have  the  ordering  of  so- 
cial welfare,  to  provide,  and  applv,  the  means  of  moral  in- 
struction ! 

13.  Supposing  these  views  of  our  nature  to  be  substantially 
riirht,  the  object  of  the  following  chapters  is,  to  point  out  to 
the  youths,  who  are  in  the  course  of  education,  their  relation 
to  each  other,  to  society,  and  to  their  country  ;  and  to  show, 
in  a  plain  and  simple  way,  the  excellence  and   value,  beyond 
all  price,  of  the  political  condition  in  which  they  exist.     The 
further  purpose  is,  to  give  some  information  of  the  social  sys- 
4,<jm,  of  which  they  arc  to  become  active  members,  and  on 
which  their  own  happiness,  in  common  with  that  of  all  around 


12  POLITICAL  CLASS  BOOK. 

them,  absolutely  depends.  The  plan  is,  first,  to  sketch  the 
principles  on  which  society  is  formed  ;  secondly,  to  show  the 
fitness  of  the  state  government  to  accomplish  the  intended 
object  of  it ;  tJtirdfy,  to  do  the  like  as  to  the  national  govern- 
ment ;  fourthly,  to  notice  some  subjects  which  concern  those 
who  are  approaching  manhood,  and  those  who  have  risen  to 
be  citizens. 


CHAPTER  III. 

Mai  considered  individually  and  socially. 

14.  WE  see  that  men  are  so  formed,  that  each  one  must 
have  a  care  for  his  own  safety  and  subsistence  ;  that  each  one 
has  wants,  and  is  forced  to  find  out  means  to  satisfy  them. 
This  is  a  common  rule  to  all  the  human  race,  however  dif- 
ferent may  be  the  nature  of  their  wants,  and  means  of  satis- 
fying them.     But  as  rnca  are  necessarily  to  live  in  a  social 
state,  other  laws  arise'.     Certainly  the  Creator  has  given  to 
men  the  power  of  knowing  the  laws  intended  for  their  gov- 
f>rn:r.ent.     He  has  left  them  free  to  act  according  to  what  is 
seen  to  be  right,  and  to  have  the  benefit  of  obedience  ;  or  to 
act.  against  what  is  right,  and   to  suffer  the  consequences. 
No  observing  mind  can  doubt,  that  the  vegetable  kingdom  is 
preserved,  that  fhe  myriads  of  animated  existence  arc  con- 
tinued (ever  changing  individually,  though  ever  the  same  in 
species),  not  only  trom  year  to  year,  but  through  successive 
ages,  by  immutable  law:*.     How,  then,  can  it  be  doubted,  that 
there  are  laws  for  moral  anrf  intellectual  being  ;  or   that  ig- 
norance of  these   laws,   and    disobedience  to   them,   when 
known,  degrade  man  below  the  rank  which  he  is  permitted 
to  hold  ! 

15.  Our  first  duty,  then,  is,  to  use  the   gift  of  reason   in 
learning  the  laws  which  are  prescribed  to  us. 

1(5.  The  first  fact  that  presents  itself  to  our  notice  is,  that 
men  cannot  live  eacli  one  by  himself,  but  must  live  together, 
or  in  society  ;  that  the  wants  of  each  individual  must  be  such 
its  may  be  gratified  consistently  with  the  like  rights  in 
others, — since,  by  the  law  of  nature,  all  men  are  equal  in 
this  respect. 

17.  The  fundamental  principle  of  society  is  this — that  the 
wants  and  rights  of  each  member  shall  be  regulated  by  the 


POLITICAL  CLASS  BOOK.  13 

rights  a  ml  wants  of  every  other.  Writers  have  entertained 
different  opinions  as  to  the  way  in  which  men  formed  society 
in  the  beginning. 

18.  It  is  not  easy  to  see  how  men  could  agree  beforehand, 
that  there  should  be  society  ;  but  it  is  very  clear,  supposing 
vociety  tr>  exist,  that  it  niig&t  gradually  improve,  from  the 
very  nature-  of  man  ;  and  that  customs,  rules  and  laws  would 
come. 

19.  We  <M:I  imagine  some  families  dwelling  near   each 
other.     At  first,  they  might  get  food  from  the  natural  prod- 
ucts of  the  earth,  and  from  the  animals  of  the  forest,  and  of 
the  shores,  and  the  streams.     The  food,  so  obtained,  might 
be   divided   among  them  as  a  common  stock,  obtained   by 
joint  exertions.     Their  habitations  might  be  made  by  joint 
labor.     Their   defence   against  enemies,  and  their  warring 
against  them,   must  have  depended  on  the  union  of  their 
strength.     Some  of  the  wants  common  to  all  might  be  sup- 
plied  by   joint  efforts.     Some   rules,  however  simple,  would 

•arily  exist.  There  would  be  a  sense  of  right  ana 
wrong.  The  question  what  is  right,  implies  the  existence  of" 
a  rule.  This  rule  was  found,  probably,  in  the  will  of  the 
chief,  wlio  may  have  become  such  because  lie  led  in  war 
Wh;'n  certain  qin^ions  have  been  settled  in  a  certain  way,  a 
A  rule,  Ion:;;  followed,  becomes  a  law  of  the 
sti-onjy.-i  authority.  Supposing  such  a  collection  of  persons 
to  bo  capable  of  improvement,  they  would  supply  wants,  as 
numbers  arid  means  increased,  by  exchange  or  barter. 

•20.  It  would  soon  be  found,  that  there  must  be  ^division 
of  labor,  because  each  one  might,  by  devoting  his  time  to  one 
occupation,  produce  more  than  if  his  time  and  attention  were 
given  to  many  different  employments,  Thus,  if.  the  same 
man  won;  a  baker,  a  blacksmith,  and  a  housewright,  he  must 
have  means  of  carrying  on  all  these  trades.  As  his  attention 
and  time  would  be  divided  on  three  objects,  he  would  be  less 
skilful  in  each,  than  if  confined  to  one.  His  cost  must  be 
proportioned  to  his  number  of  callings,  but  his  gains  would 
not  be.  Thus  each  one,  led,  by  necessity  or  inclination,  to 
pursue  some  particular  employment,  would  become  skilful  in 
it,  and  would  be  able  to  produce  more  than  he  needed  for  his 
own  use,  and  would  have  something  to  dispose  of.  For  a 
while,  a  small  community  might  go  on,  by  exchanging  one 
article  for  another,  to  supply  the  wants  of  each  member.  But 
as  numbers,  and  improvements,  and  wants,  increased,  the 
exchanges  would  become  more  and  more  difficult.  The 


14  POLITICAL  CLASS  BOOK. 

person  who  had  on  hand  the  product  of  his  labor,  and  who 
needed  that  of  another,  might  find  the  latter  supplied  with, 
or  in  no  want  of  the  article  which  he  had  to  part  with.  The 
difficulties  arising  in  making  or  measuring  the  value  of  the 
necessary  exchanges,  introduced  a  common  measure  under 
the  name  of  money.  The  word  money  is  found  in  many  dif- 
ferent languages,  and  nearly  the  same  in  all,  and  is  derived 
from  the  word  mint  (now  used  to  signify  the  place  of  coin- 
ing) ;  and  both  are  supposed  to  be  derived  from  mine,  the 
place  whence  the  precious  ores  come.  Another  supposition 
is,  that  the  word  money  is  derived  from  mene,  numbered. 
(Daniel  v.  25.) 

.21.  It  is  a  provision  of  the  Creator,  that  gold,  silver  and 
copper  should  be  found  in  such  quantities  and  in  such  places, 
and  that  they  should  be  obtained  with  such  labor,  and  be  of 
such  value,  as  to  make  just  what  is  wanted  for  the  conveni- 
ence of  mankind,  as  the  common  measure  in  exchange. 
These  metals  pass,  or  are  current  (whence  currency),  in  the 
world  under  the  authority  of  a  known  stamp,  without  weigh- 
ing. Thus  money  becomes  the  common  measure  of  all 
things;  not  only  of  prod  nets  .of  labor,  and  of  all  sorts  of  prop- 
erty, but  of  services,  of  whatever  description.  The  teacher 
of  religion,  the  physician,  the  instructer  of  youth,  and  all  that 
class  of  persons  who  can  do  something  which,  the  members 
!>f  a  community  want  to  have  done,  are  paid  in  money,  with 
iN'hich  they  can  supply  their  own  wants. 

22.  The  value  which  is  thus  given  to  the  precious  metals 
is  derived  from  the  common  consent  of  mankind,  and  from 
their  peculiar  qualities  and  scarcity,  and  from  their  fitness 
to  be  made  the  measure  of  all  things  valuable.  A  household 
article  made  of  gold  is  not  of  any  greater  value,  for  mere  use, 
than  one  made  of  clay,  or  of  inferior  metal,  unless  for  the 
reason  that  it  is  less  liable  to  be  destroyed  in  the  use.  It  is 
within  common  experience,  that  iron,  and  especially  when 
formed  into  steel,  is  much  more  useful  than  gold,  or  silver,  or 
copper  can  be. 

The  world  have  consented,  universally,  to  regard  gold  and 
silver  as  the  measure  of  all  property.  In  every  country,  the 
value  of  every  earthly  thing  that  can  be  bought  or  sold,  and 
of  every  service  that  can  be  rendered,  is  known  by  compar- 
ing it  with  a  sum  of  money.  To  have  .money,  therefore,  is 
to  have  the  command  of  property,  and  of  all  things  which  are 
not  more  valuable  than  money — as  one's  integrity,  one's  sel£ 
respect. 


POLITICAL  CLASS  BOOK.  1* 

23.  As  numbers,  and  wealth,  and  wants  increase,  the  la- 
bors of  the  members  of  a  community  become  more  and  more 
narrowed  down  to  exclusive  pursuits.  The  village  grows  into 
a  town  ;  the  town  becomes  a"  city.  The  inhabitants  of  a 
great  city  are  engaged  in  many  separate  occupations,  each 
one  adhering  to  his  own  calling,  and,  in  general,  trying  to  get 
money,  wherewith  to  supply  wants,  whatever*  they  may  be. 

An  extensive  and  varied  society,  embracing  farming  lands 
manufacturing  and  commercial  communities,  villages,  towns, 
and  cities,  and  wherein  a  great  amount  of  property  is  con- 
tinually passing  from  one  to  another,  cannot  go  on  pros- 
perously, and  with  equal  justice  to  all  its  members,  without 
established  laws.  But  such  laws,  however  just  and  righteous 
in  themselves,  are  unavailing  unless  there  be  s,  faithful  ad- 
ministration of  them. 


CHAPTER   IV. 

On  the  Means  by  which  the  Order  of  Society  is  preserved, 

24.  To  show  the  necessity  of  having  laws,  let  us  suppose 
that  the  inhabitants  of  a  great  city  are  suddenly  freed  from 
all  moral  and  political  restraint ;  that  each  one  may  take  and 
use  what  he  can,  and  do  every  act,  as  to  persons  and  prop- 
erty, which  selfishness  and  evil  passions  may  suggest.    Every 
citizen  must  immediately  arm  himself;  families  and  neigh- 
borhoods must   unite  for  mutual  preservation.     War  must 
arise  between  different  combinations.     There  would  be  rules 
for  attack  and  defence,  and  for  governing  each  association, 
not  only  as  to  its  enemies,  but  as  to  its  own  members.    Some 
one  would  assume  the  command  from  necessity,  and  would 
govern  by  consent,  and  then  by  authority,  then  by  force,  and 
then  by  tyranny.     Or  we  may  suppose  that  such  a  chief,  with 
some  associates,  would  exercise  such  power  ;   or  that  the 
members  of  such  a  community  would  meet,  and  agree  that 
some  things  should  be,  and  some  things  should  not  be  done  ; 
that  some  agents  should  act  for  the  whole  ;  that  disobedience 
of  the  rules  agreed  upon  should  be  judged  of  and  punished. 

25.  From  such  elements  all  governments  must  have  origi- 
nated.    Thus  government  of  some  sort  springs  out  of  soci- 
ety, and  society  cannot  exist  without  it.     It  is  the  only  secu- 
rity against  foreign  foes,  and  against  the  wrongs  which  the 


16  POLITICAL  CLASS  BOOK. 

members  of  a  society  may  do  against  each  other,  and  the 
only  agency  by  which  justice  can  be  administered.  It  is 
plain  that  government  must  be  good  or  bad,  according  to  the 
laws  which  exist  in  it,  and  tire  fidelity  with  which  they  are 
applied.  The  great  family  of  mankind,  scattered,  as  it  is, 
over  the  face  of  the  earth,  shows  all  the  varieties  into  which 
hum  an  society  (San  be  cast. 

26.  Well  regulated  society  means  the  security  of  person  and 
property,  and  the  natural  enjoyment  of  rational  life  ;  that  is, 
that  each  individual  may  lawfully  acquire,  possess  and  use  all 
thing*;  which  are  necessary,  convenient  and  agreeable  to  him, 
excluding  possession  and  use  by  all  other  persons,  unless  with 
his  consent.      Society  is  said  to  be  the  best  which  human 
condition  permits,  in  proportion  as  each  member  of  it  is  free 
to  use  his  faculties,  in  obtaining  the  means  of  happiness,  with- 
out disturbing  others,  who  are  using  their  faculties  to  the  like 
end  ;  and  when  each  member  is  protected  by  fixed,  equal  and 
just  laws,  faithfully  and  impartially  administered. 

The  forms  of  government  which  have  prevailed  in  the 
world,  have  been  little  adapted  to  these  purposes.  Generally, 
the  mass  of  the  community  have  been  subjected  to  one  or  a 
few.  The  most  common  forms  of  government  among  nations 
have  been  the  following  : — 

27.  first,  the  dominion  of  one  man  over  all  his  nation, 
maintaining  his  power  by  having  part  of  his  subjects  armed, 
to  keep  the  rest  in  awe,  or  by  having  a  force  of  hirelings. 
This  power  has  been  aided  by  long  continued  habit,  by  igno- 
rance of  the  people  that  there  could  be  any  better  condition 
for  them  ;  and  sometimes  religious  fear  and  superstition  have 
greatly  aided  the  purposes  of  the  ruler.     This  is  called  des- 
potism, or  tyranny.     (Despot  arid  tyrant  are  words  derived 
from  the  Greek  language,  the  former  meaning  master,  the 
latter   king.      Neither  of  them  was  originally  used  in  an 
odious  sense.)    The  governments  of  the  eastern  nations  have 
always  been  of  this  cast ;  those  of  Russia,  Prussia,  Austria 
and   Spain,  are  not  much  removed  from  it,  though  private 
property  is,  practically,  as  secure  in  these  as  in  other  states 
in  Europe.     The  sovereign  has  no  guide  but  his  own  will. 
Whatever  the  forms  may  be,  persons  and  property  are  at  his 
absolute  disposal,  if  he  chooses  to  have  it  so. 

28.  A  similar  power  has  been  sometimes  exercised  by  a 
few  persons  combined   together,  and  producing  nearly  the 
same  result  to  the  subjected.     When  tyranny  is  in  the  hands 
of  a  few,  it  is  called  an  oligarchy ;  from  the  Greek,  signifying 


POLITICAL  CLASS  BOOK.  17 

the  government  of  a  few.  The  word  aristocracy,  from  the 
same  language,  signifying  the  government  of  the  best,  is 
sometimes  used  in  an  odious  sense. 

In  both  these  kinds  of  rule,  the  power  has  been  acquired 
originally  by  military  usurpation,  and  continued  in  right  of 
succession  by  birth  ;  or,  on  the  fall  of  one  usurper,  new  ones 
have  arisen,  but  always  with  the  same  ill  fortune  to  the  people. 

29.  Another  form  of  government  has  been  known  less  fre- 
quently among  men,  consisting  of  the  dominion  of  one  man, 
holding  his  rank  by  right  of  birth,  but  with  a  limitation  to  his 
power  resting  in  a  class  of  men  noble  by  birth,  and  some  of 
whom  have  been  rich  in  lands  and  dependants,  and  who 
could  present  a  strong  barrier  to  the  exercise  of  absolute  au- 
thority.    Such  was  the  state  of  things  in  England,  and  on 
the  continent  of  Europe,  in  what  are  called  the  middle  ages ; 
and  when  the  land  was  divided  among  great  chieftains,  and 
the  people  were  considered  as  vassals,  or  slaves,  and  sold  with 
the  land. 

30.  Another  form  of  government  has  been  that  which  is 
commonly  called  a  mixed  monarchy ,  in  which  there  is  a  king, 
nobles,  and  some  acknowledged  rights  in  the  great  body  of  the 
people,  or  some  privileged  part  of  them.     Of  this  description 
is  the  present  government  of  England  and  that  of  France. 

31.  A  fifth  form  of  government  is  a  republic,  derived  from 
res,  a  thing,  and  publicus,  public,  common,  or  belonging  to 
the  people.     Commomccalth  has  the  same  meaning  as  repub- 
lic.    Such  is  the  government  of  the  several   states  in  our 
Union,  and  of  the  American  nation. 

32.  Some  of  the  Greek  governments  were  properly  democ- 
racies ;  derived  from  demos,  people,  and  kratffs,  government, 
which  means  ruling  by  act  of  the  people.     There  may  be 
such  governments,  where  the  whole  community  is  comprised 
in  a  very  small  space,  as  a  city  and  itc  neighborhood,  and  where 
all  the  people  can  meet  in  one  assembly,  and  make,  judge 
of,  and  execute  the  laws.     There  cannot  be  such  a  govern- 
ment here,  unless  it  be  in  those  things  which  the  people  of  a 
single  town  can  manage.     Our   governments  are  properly 
representative  republics  ;  that  is,  the  people  are  ruled  by  those 
whom  they  choose  to  represent  them.     No  thoroughly  organ- 
ized system  of  representation  of  all  the  people   ever  existed 
before.     One  who  desires  to  have  our  country  ruled  by  de- 
mocracy, and  one  who  desires  to  have  it  ruled  by  a  monar- 
chy, may  be  said  to  be  equally  at  variance  with  our  forms 
of  government. 


18  POLITICAL  CLASS  BOOK. 

33.  In  the  four  first  mentioned  descriptions,  the  rulers  and  .the 
ruled  are  strongly  distinguished  from  each  other.    The  rulers 
speak  of  the  government,  and  treat  it  as  their  own,  of  right. 
The  kings  of  England  use  expressions  like  these — "  my  ar- 
mies," "  my  navy,"  "  my  people,"  "  my  courts  of  justice,"  as 
though  the  great  mass  of  the  people  were  not  interested  or 
concerned,  otherwise  than  to  render  obedience.     But  in  a 
commonwealth,  government  is  carried  on   for  the  common 
benefit  of  all  the  people,  and  they  are  the  fountain  of  sove- 
reignty. 

34.  In  limited  or  mixed  monarchies,  there  is  usually  a  con- 
stitution or  charter.     Constitution  is  formed  from  the  Latin 
words   con,  with,   and   statuo,  to  resolve,  fix  or  establish, 
and  means  an  agreement  between  a  whole  community  and 
each  one  of  its  members.     It  may  contain  any  provision 
which  the  contracting  parties  see  fit  to  adopt.     It  is  to  be  ex- 
pounded only  by  its  own  words,  and  the  usage  which  grows 
up  under  it.     The  constitution  of  England  is  frequently  re- 
ferred to,  but  it  is  not  written.     It  is  founded  in  solemn  con- 
cessions, wrested  from  successive  princes  by  their  subjects, 
and  on  acts  of  parliament,  and  on  immemorial  usage. 

In  republics,  the  usual  basis  of  government  is  a  constitu- 
tion or  written  code  of  principles,  agreed  upon  and  adopted 
by  those  over  whom  it  is  to  be  administered.  It  defines  the 
power  which  may  be  exercised,  and  the  mode  in  which  rulers 
shall  come  into  power,  and  in  which  they  shall  cease  to  exer- 
cise it. 

35.  In  republican  governments,  the  distinguishing  quali- 
ties of  a  constitution  are, — that  it  provides  for  the  manner  in 
which  laws  shall  be  made  ;  what  laws  may  be  made  ;  and  by 
whom  and  in  what  manner  they  shall  be  administered.     In 
some  instances,  a  constitution  declares  the  rights  which  the 
citizens  living  under  it  shall  have,  and  also  that  certain  pow- 
ers shall  not  be  exercised  over  them.     In  other  constitutions, 
such  declarations  are  omitted,  and  the  rights  of  citizens  are 
to  be  inferred  from  what  is  provided  for.     The  constitution 
of  Massachusetts,  contains  a  formal  bill  of  rights  :  that  of  the 
United  States  does  not,  in  form,  but  it  declares  that  certain 
powers  shall  not  be  exercised  ;  or  so  limits  and  defines  the 
mode  of  exercising  the  powers  given  as  to  come  to  much  the 
same  thing  as  such  a  declaration.     It  may  be  doubtful  which 
is  the  best  mode.     No  enumeration  of  rights  can  be  perfect; 
nor  is  any  declaration  effectual,  unless  the  constitution  and 
laws  provide  for  their  secure  enjoyment. 


POLITICAL  CLASS  BOOK.  Ji) 

36.  It  may  be  safely  asserted,  that  the  wisdom  of  man  has 
never  invented  any  forms  of  government  more  wisely  adapted 
to  the  promotion  of  the  common  welfare  and  happiness,  than 
those  of  the  United  States ;  and  that  no  union  of  states, 
although  there  have  been  many  in  other  countries,  in  past 
times,  was  ever  so  wisely  designed,  or  so  successful  in  ac- 
complishing its  purpose,  as  that  under  which  we  have  hith- 
erto had  the  good  fortune  to  live. 


CHAPTER   V. 

The  Government  of  the  State  of  Massachusetts. 

37.  IN  the  constitution  of  this  state,  its  purpose  is  declared 
to  be,  to  secure  to  each  member  of  the  community,  safety, 
tranquillity,  natural  rights,  and  the  blessings  of  life.     The 
means  of  doing  this  are  expressed  to  be,  by  making  the  whole 
community  of  people  "  a  body  politic,"  by  voluntary  associa- 
tion or  "  social  compact"  or  agreement,  whereby  each  one 
covenants  with  the  whole,  and  the  whole  with  each  one,  that 
the  whole  people  shall  be  governed  by  certain  laws,  for  the 
common  good. 

38.  A  body  politic  is  a  corporation ;    which  means,  a 
number  of  persons  acting  under  one  name.      This  word  is 
derived  from  the  Latin  word  corpus,  which  means  body. 
Although  there  cannot  be  a  corporation  without  natural  per- 
sons, yet  the  same  persons  are  not  necessary  to  it.     Corpo- 
rations continue,  however  often  the  persons  in  them  may 
change.     A  corporation  may  be  likened  to  a  bee-hive.     If 
one  has  a  bee-hive  for  several  years,  he  would  call  it  by  that 
name,  and  obtain  from  it  his  honey  every  year  ;  but  the  bees 
would  be  changed  more  or  less  every  month  ;  and  at  the  end 
of  two  or  three  years,  there  would  be  an  entire  change  of 
every  inhabitant  of  the  hive.     But  it  would  still  be  known  by 
the  name  of  the  bee-hive,  and  annually  yield  the  fruit  of  in- 
dustry.    The  state  of  Massachusetts  is  a  corporation  ;  so  is 
every  bank,  turnpike,  and  every  collection  of  persons,  who  act 
under  a  common  name,  in  virtue  of  a  public  laic.     No  new 
corporation  can  exist  but  by  a  law  of  the  state.     What  a  cor- 
poration is,  or  can  do,  depends  on  the  enabling  powers  which 
the  law  creating  it  gives.     The  evidence  that  the  people  of 
Massachusetts  agreed  to  be  a  corporation,  is  the  constitution 


20  POLITICAL  CLASS  BOOK. 

which  they  adopted.  The  powers  which  they  intended  to 
have  exercised  are  expressed  in  that  instrument.  The  origi- 
nal is  kept  in  the  office  of  the  secretary  of  state.  Copies  of 
it  are  printed,  and  are  found  in  every  town  ;  and  a  copy  is 
always  contained  in  the  statute  books  published  by  au- 
thority. 

39.  It  is  remarkable,  as  our  constitution  was  made  in  the 
midst  of  the  war  for  independence  (1780),  and  when  it  was 
at  least  uncertain  what  the  end  of  that  war  would  be,  that 
it  should  have  been  made  with  so  much  coolness  and  wisdom. 
An  experience  of  forty  years,  and  during  great  changes,  and 
many  important  events,   has  proved  that  it  was  originally 
nearly  perfect.    A  faithful  and  patient  examination  by  a  con- 
vention, delegated  by  the  people,  was  made  in  1820.     It  was 
found  to  have  been  fully  adequate  to  the  beneficial  purposes 
for  which  it  was  framed.     Some  slight  amendments  were 
then  proposed  and  adopted  by  the  people,  which  will  be  men- 
tioned hereafter. 

40.  It  should  not  be  overlooked,  that,  although  this  coun- 
try was  under  the  kingly  government  of  Great  Britain,  from 
its  earliest  settlement  to  the  commencement  of  the  revolution, 
which  secured  independence  by  a  separation  from  the  parent 
country,  the  habits  of  the  people  were  always  essentially  re- 
publican.    Our  ancestors,  at  an  early  period,  formed  their 
communities  into  towns  and  counties,  and  the  same  divisions 
were  continued  when  our  republic  was  established.     Revo- 
lution means  a  change  in  the  government  of  a  country.     It 
may  happen  in  any  sort  of  government.     For  example,  the 
French  put  their  king  to  death  in  1793,  and  called  their 
country  a  republic.     But  a  revolution  may  happen,  also,  by 
the  change  of  one  king  for  another,  as  in  England  in  1688 ; 
and  by  usurpation,  as  in  Sweden  in   1772  ;  and   again  in 
France,  by  expelling  the  reigning  family,  reforming  the  sys- 
tem of  government,  and  choosing  a  king  (July  1830). 

41.  When  the  time  came  for  making  a  constitution,  there 
was  nothing  to  change  in  the  opinions  and  habits  of  the  peo- 
ple, arid  little  more  to  do  than  to  transfer  the  sovereignty 
from  the  king  to  the  people,  and  solemnly  to  declare  the  prin- 
ciples on  which  government  should  be  founded,  and  clearly 
to  define  the  manner  in  which  these  principles  should  have 
effect. 

42.  As  it  is  the  duty  and  the  interest  of  those  who  rule  in 
our  republic  to  promote  the  common  good,  so  the  duty  of  each 
citizen  is,  to  be  respectful  to  the  rulers,  and  obedient  to  the 


POLITICAL 

i     A    i      r     i      rjf  r  sj  r-  ••  •  - «.* 

laws.  As  each  one  relies  on  the  government  tor  security  and 
protection,  so  each  one  is  bound  to  fender  his  personal  ser- 
vice, and  to  contribute  his  portion  to  the  common  expense  of 
maintaining  the  state.  If  it  may  not  be  asserted,  that  no 
government  but  such  as  is  founded  on  the  principle  of  equal 
rights  and  rational  liberty  to  all,  is  consistent  with  the  laws 
of  the  Creator,  it  may  be  said,  that  no  form  of  government 
seems  to  be  so  much  so. 

43.  As  the  real  foundation  of  government  among  us  is 
the  people,  it  is  first  to  be  considered  in  what  manner  the 
people  exercise  their  powers  of  sovereignty.     AH  the  people 
cannot  act  in  one  assembly,  nor  each  one  in  his  own  name. 
Hence  there  must  be  many  places  of  meeting,  and  some  name 
common  to  many.     The  acts  of  the  people  must  be  made 
known  in  some  agreed  manner.     The  people  exercise  their 
political  rights  by  the  general  name  of  inhabitants  of  towns. 
All  the  political  acts  which  they  may  do  collectively  must  be 
done  in  town  meetings.     The  people  may  assemble  in  such 
meetings,  in  an  orderly  and  peaceable  manner,  to  consult 
upon  the  common  good,  to  instruct  their  representatives,  and 
to  petition  the  legislature  for  the  redress  of  wrongs,  or  to 
remonstrate  against  grievances.     The  people  have  reserved 
to  themselves  the  right  to  assemble  when  and  how  they 
please,  in  an  orderly  and  peaceable  manner,  otherwise  than 
in  town  meetings,  to  consult  on  the  common  good.     The 
acts  of  such  meetings  have  no  legal   force.     Among  such 
meetings  may  be  classed  lyceums,  assemblies  to  hear  lec- 
tures ;  caucuses,  held  by  electors  to  confer  together,  and 
agree  on  candidates  for  office.     The  word  caucus  was  first 
used  in  Boston,  about  the  beginning  of  the   revolutionary 
times.     Its  origin  is  not  ascertained  ;  it  has  now  a  well  known 
meaning,  and  is  in  common  use  throughout  the  United  States. 
The  inhabitants  of  each  town  are  declared  to  be  a  body  poli- 
tic and  corporate.     Their  acts,  as  such  body,  are  known  by 
the  record  of  their  proceedings,   duly  certified    by  proper 
officers. 

44.  When  a  town  meeting  is  necessary,  the  law  requires 
that  the  selectmen  shall  issue  a  warrant,  setting  forth  that  a 
meeting  is  to  be  held,  and  for  what  purpose.     The  inhabi- 
tants who  are  qualified  to  attend  and  act,  are  to  be  duly  no- 
tified thereof  by  the  constable,*  or  such  other  person  as  the 
selectmen  shall  appoint  to  notify  them. 

*  The  first  use  of  this  word  was  (comes  stabuli]  count  of  the  stables,  or  mas- 
ter of  horse  of  an  emperor.     Afterwards  it  meant  the  highest  military  office,; 


22  POLITICAL  CLASS  BOOK. 

-  45.  The  next  corporate  bodies  known  in  the  constitution 
are  counties,  which  are  divisions  made  for  the  purpose  of 
administering  justice  within  them.  Counties  are  composed 
of  one  or  more  towns. 

40.  All  the  counties  together  make  the  next  and  last  de- 
nomination of  the  political  system,  viz.  'the  state.' 

47.  The  law-making  and  the  executive  power  arises  from 
the   votes   of  inhabitants    of  towns,   and  is  thus  provided 
for: — 

The  constitution  expresses  (in  the  3d  article  of  amend- 
ment adopted  in  1820),  that  every  "  male  citizen  of  twenty- 
one  years  of  age  and  upwards,  excepting  paupers  and  persons 
under  guardianship,  who  shall  have  resided  within  the  common- 
wealth one  year,  and  within  the  town  or  district  within  which 
he  shall  claim  a  right  to  vote,  six  calendar  months,  next  pre- 
ceding any  election  for  governor,  lieutenant-governor,  sena- 
tors or  representatives,  and  who  shall  have  paid,  by  himself, 
his  parents,  master  or  guardian,  any  state  or  county  tax, 
which  shall,  within  two  years  next  preceding  such  election, 
have  been  assessed  upon  him,  in  any  town  or  district  of  this 
commonwealth ;  and  also  every  citizen  who  shall  by  law  be 
exempted  from  taxation,  and  who  shall  in  all  other  respects 
be  qualified  as  abovementioned ,  shall  have  a  right  to  vote  in 
such  election  of  governor,  lieutenant-governor,  senators  and 
representatives ;  and  no  other  person  shall  be  entitled  to  vote 
in  such  elections." 

48.  Before  this  amendment,  there  was  some  distinction 
between  those  citizens  who  might  vote  in  affairs  of  the  town 
only,  and  those  who  might  vote  on  those  affairs  and  for  state 
officers  ;  but  now  that  distinction  is  abolished  in  effect.     The 
assessors   are  required  by  law  to  make  a  list,  annually,  of 
voters,  and  to  publish  it.     They  are  also  required  to  meet,  on 
some  day  previous  to  an  election,  to  receive  evidence  of  qual- 
ifications to  vote,  and  to  add  names  to  the  list.     A  list  is 
carried  to  the  place  of  election,  and  no  one  is  allowed  to  vote, 
whose    name   is   not   found   thereon.      Persons   who   vote, 
knowing  themselves  not  to  be  qualified,   are  subject  to  a 
fine. 

49.  The  city  of  Boston  does  the  same  acts,  in  relation  to 
all  state  affairs,  which  towns  do  ;  that  is,  it  takes  its  share  in 
all  elections  of  state  officers  and  rulers,  and  pays  its  part  of 

and  then  the  highest  civil  office,  under  a  sovereign.     Constable  means  UK? 
!owest  executive  officer,  as  used  in  the  United  States.    His  duties  arise  in  part 
Iby  common  law.  and  in  part  by  statute  la\v. 


POLITICAL  CLASS  BOOK.          *  23 

taxes,  &c.  But  its  interior  government  is  exercised  in  a  dif- 
ferent manner,  and  by  officers  of  different  names  from  those 
known  in  towns.  This  is  so,  from  the  law  or  act  incorpo- 
rating the  city.  This  act  is  sometimes  called  the  charter, 
which  means  nothing  more  than  the  law  written  on  paper, 
charta  being  a  Latin  word,  meaning  paper.  The  citizens  oi 
Boston,  instead  of  assembling  in  town  meeting,  assemble  in 
wards  or  divisions  of  the  city.  Instead  of  voting  in  the  pres- 
ence of  selectmen,  they  vote  in  the  presence  of  ward  officers, 
Instead  of  having  selectmen,  they  have  four  representativcvs 
from  each  ward,  and  a  board  of  aldermen,  and  a  mayor. 
Thus  they  have  a  city  legislature  of  two  branches,  each  hav- 
ing a  negative  on  the  other.  The  mayor  is  the  executive 
officer.  The  city  is  a  little  republic. 

50.  Justice    is    administered    by   officers    different    from 
those  in  other  places,  though  the  same  laws  are  adminis- 
tered, with  the  addition  of  such  as  are  made  by  the  city  leg- 
islature. 

51.  There  is  a  court  of  civil  causes  of  twenty  dollars,  and 
less,  peculiar  to  the  city  ;  a  court  of  criminal  jurisdiction  for 
small  offences,  called   the  Police  Court ;    and  a  court  of 
criminal  trials  of  all  offences  between  a  justice's  court  and  the 
Supreme  Court.     This  is  called  the  Municipal  Court,  and  it 
punishes  all  offences  which  are  not  punished   with  death. 
The  word  municipal  is  derived  from  a  Latin  word,  which 
meant  taking  a  gift,  and  was  applied  to  taking  the  gift  or 
privileges  of  citizenship,  in  a  city  ;  and  then  was  used  to  mean 
things  pertaining  to  a  city  ;  and,  as  applied  to  this  court, 
means  the  City  Court,  if  it  has  any  meaning.    The  word  mu- 
nicipal is  also  used  to  signify  some  matter  pertaining  to  the 
interior  affairs  of  a  nation,  in  contradistinction  to  matters 
which  pertain  to  international  lavr.     The  judge  of  this  court 
in  Boston  has  no  civil  jurisdiction.     He  is  appointed  and 
holds  his  office  like  other  judges,  and  is  paid,  half  his  salary 
by  the  city,  and  half  by  the  state. 

52.  The  office  of  mayor  is  a  very  responsible  one.     It  is 
his  duty  to  see  that  the  laws  of  the  city  are  executed,  that 
the  public  peace  and  tranquillity  are  preserved.     He  has  also 
a  legislative  character,  as  the  presiding  officer  in  the  board 
of  aldermen.     He  is,  necessarily,  aided  by  subordinate  offi- 
cers in  the  exercise  of  executive  power.     Mayor  is  said  to  be 
derived  from  an  old  English  word,  mcyry  and  that  from  mirct, 
and  means  to  keep,  or  guard. 


24  *  POLITICAL  CLASS  BOOK. 

1 

CHAPTER  VI. 

On  the  Authority  by  which  the  State  Laws  are  made. 

53.  A  LAW  is  a  command  to  do,  or  not,  to  do,  or  a  perrt!is- 
sion  to  do,  some  act.     It  must  be  made  in  relation  to  those 
who  are  bound  to  obey,  and  must  be  made  by  competent  mi-  ' 
thority.     There  must  be  tribunals  to  judge  of  breaches  of  the 
law,  and  power  to  execute  judgments.     To  show  in  a  strong 
light  the  difference  between  absolute  despotism  and  a  govern- 
ment of  constitutional  laws, — The  sultan  of  the  Turks  wants 
money  :  he  orders  certain  rich  men  to  be  put  to  death,  and 
their  money  put  into  his  treasury.     The  state  of  Massachu- 
setts wants  money.    It  cannot  have  such  want  for  any  pur- 
pose not  provided  for  in  the  constitution.     It  cannot  supply 
this  want  from  the  money  of  the  people,  otherwise  than  >by  a 
public  law,  openly  and  deliberately  made  :  and  whereby  each 
citizen  will  be  held  to  pay  his  just  proportion. 

This  law-making  power  is  vested  in  a  "  GENERAL  COURT,"* 
or  legislature.  This  latter  word  is  derived  from  two  Latin 
words,  which  signify  law,  and  bearing  or  enacting.  Experi- 
ence has  proved  that  the  power  of  making  laws  may  be  siil-]y 
trusted  to  the  concurrence  of  two  independent  branchc 
ject  to  the  qualified  opinion  of  the  executive  chief.  This 
principle  is  common  to  all  the  American  -constitutions.  The 
General  Court  is  composed  of  two  branches,  viz.  the  Senate 
and  House  of  Representatives. 

54.  The  number  of  senators  is  forty,  who  are  chosen  in 
districts  composed  of  several  towns,  and  which  districts  are 
established  by  law,  from  time  to  time. 

The  number  of  senators  which  each  district  may  send,  de- 
pends upon  the  amount  which  the  inhabitants  dwelling  within 
that  district  are  liable  to  pay,  as  their  proportion  of  the  whole 
state  tax.  But  no  district  can  have  more  than  six  senators, 
whatever  tax  it  pays.  Senators  are  chosen  in  town  meet- 
ings, in  each  district,  on  the  first  Monday  in  April.  The  town- 

*  The  word  court  is  (as  many  of  our  words  arc)  from  the  language  of  the 
Saxons,  a  people  who  had  conquered  and  settled  in  a  part  of  England  about 
the  year  500.  It  meant  a  square  in  the  castle  of  the  chief  lord,  where  his 
people  met.  With  us,  it  means  also  the  legislative  assembly.  Here,  and 
everywhere  in  the  United  States,  it  means  the  tribunals  of"  justice.  The 
judges  (and  the  judge,  when  only  one  sits)  are  called  '•'  the  court.''  It  means 
also  the  assembly  in  a  court-house,  in  common  speech.  The  word  court  is 
supposed,  by  some  writers,  to  come  from  the  Latin  word  curia.  The  English 
of  tiiis  word"  is  court 


POLITICAL  CLASS  BOOK.  25 

clerk  records  the  names  of  all  persons  voted  for,  and  the 
number  of  votes  for  each.  The  selectmen  and  town-clerk 
send  a  copy  of  that  recordx  certified  by  them,  to  the  office  of 
the  secretary  of  state,  seventeen  days  before  the  last  Wednes- 
day of  May,  to  be  laid  before  the  governor  and  council,  who 
examine  those  returns.  The  secretary  is  ordered  to  notify 
those  persons  who  appear  to  be  chosen  senators,  to  attend  the 
General  Court,  on  the  last  Wednesday  in  May.  If  it  hap- 
pens that  there  is  not  a  choice  in  one  or  more  districts,  the 
choice  is  made  by  a  convention  of  senators  and  representa- 
tives, from  the  two  candidates  who  have  the  highest  number 
of  votes. 

55.  A  convention  (derived  from  two  Latin  words,  signify- 
ing to  come  together)  is  a  meeting  of  the  Senate  and  House 
of  Representatives,  in  the  hall  of  the  latter,  at  which  the  pres- 
ident of  the  Senate  presides.     The  two  branches  constitute 
one  body,  in  such  case,  as  to  the  act  to  be  done  in  conven- 
tion.   The  speaker  of  the  House  acts  only,  then,  as  one  of  the 
convention.     Such  conventions  are  held  in  consequence  of  a 
proposal  made  by  one  branch  to  the  other,  by  sending  one  of 
its  members  with  a  message. 

56.  Representatives  are  chosen  in  May,  ten  days  before 
the  last  Wednesday.     They  are  chosen  from  among  the  in- 
habitants in  each  town,  and  represent  the  towns  in  which 
they  respectively  live.     They  are  chosen  by  the  inhabitants 
in  town  meeting,  and  are  certified  to  have  been  voted  for  as 
in  the  case  of  senators  ;  and  they  carry  those  certificates  with 
them  to  the  General  Court. 

57.  As  the  constitution  now  is,  each  town  is  entitled  to 
send  a  certain  number  of  representatives,  in  proportion  to  its 
number  of  ratable  polls ,*  making  an  assembly  of  more  than 
five  hundred  persons.     This  provision  is  thought  to  make  too 
numerous  and  expensive  a  House.     Propositions  are  before 
the  people  to  amend  the  constitution  in  this  respect.     It  will 
be  observed  that  the  Senate  is  founded  on  representation  of 
property  ;  the  House,  on  representation  of  numbers  in  towns. 

58.  Senators  are  called  honorable.     The  constitution  does 
not  confer  this  title.     The  usage  may,  perhaps,  be  derived 
from  the  fact,  that  the  Senate  may  be  resolved  into  the  high 
est  judicial  tribunal  for  the  trial  of  impeachments ;  more 
probably,  it  is  a  remnant  of  colonial  usage.    The  king's  coun- 
cil were  a  branch  of  the  colonial  legislature.     Its  members 

*  For  the  meaning  of  these  words,  see  numbers  72.  73,  74. 
9- 


26  POLITICAL  CLASS  BOOK. 

had  the  title  of  honorable.  It  would  not  have  been  matter 
of  regret,  if  it  had  met  the  fate  of  some  other  usages  of  that 
time. 

59.  The  senators  assemble  in  their  chamber,  and  the  rep- 
resentatives in  their  chamber,  on  the  last  Wednesday  in  May ; 
and  the  governor  of  the  commonwealth  goes  into  each  cham- 
ber, where  he  administers  to  the  members  the  oath  required 
by  the  constitution.     The  Senate  chooses  a  president  and 
clerk.     The  House  chooses  a  speaker  and  clerk.     The  gov- 
ernor is  notified  who  these  officers  are,  and  each  branch  is 
notified,  respectively,  of  the  officers  of  the  other,  so  that  each 
may  know  that  papers,  sent  to  them  from  the  other,  are  sent 
by  the  proper  persons.     The  governor  and  council  sit,  by 
themselves,  in  a  chamber.     This  chamber  is  not  open  to 
spectators.     Those  of  the  Senate  and  House  are  always  open 
to  spectators  during  the  session. 

60.  When  a  law  is  to  be  made,  the  subject  is  usually  com- 
mitted to  a  committee,  who  report  a  bill,  or  a  written  paper 
called  a  bill,  containing  the  proposed  law.     If  in  the  Senate, 
the  bill  is  read  and  debated.     If  approved  of  (this  is  done  by 
a  vote),  it  is  ordered  to  be  read  again,  at  some  future  time, 
and  it  is  read.     If  again  approved  of  by  a  majority,  it  is 
passed,  and  sent  to  the  House  of  Representatives,  where  it  is 
read  three  different  times,  and  debated,  if  members  see  fit ; 
and  if  approved  of  on  the  three  different  readings,  it  is  passed. 
If  there  be  not  a  majority,  in  both  branches,  in  favor  of  the 
bill,  on  each  reading,  it  does  not  pass.     Bills  originate  in  like 
manner  in  the  House  of  Representatives.     All  money  bills 
originate  in  the  House  ;  that  is,  laws  for  the  raising  or  pay- 
ing of  money.     All  bills  are  read  and  passed  upon  in  the 
same  manner,  whether  they  come  from  the  Senate,  Or  are  to 
be  sent  to  the  Senate,  to  be  acted  upon.     Bills  are  acted 
upon  in  the  Senate  in  like  manner,  whether  they  originate  in 
the  Senate  or  come  from  the  House. 

61.  As  both  branches  must  concur  to  make  a  law,  each 
branch  can  prevent  the  passing  of  a  bill,  approved  by  the 
other.     When  both  branches  agree,  the  bill  is  copied  on 
parchment,  signed  by  the  president  of  the  Senate  and  speaker 
of  the  House,  and  sent  to  the  governor.     If  he  approve  of  it, 
and  sign  it,  it  becomes  a  law  ;  and  the  parchment,  so  signed, 
i?  kept  in  the  secretary's  office,  and  a  copy  of  it  is  certified 
by  him,  and  printed ;  and  it  appears  in  the  statute  book. 
The  word  statute  means  an  act  of  the  legislature,  and  is  de- 
rived from  statuo,  to  resolve  or  establish.     The  word  law, 


POLITICAL  CLASS  BOOK.  27 

(from  the  Latin)  means  the  thing  chosen,  or  marked  out,  as 
a  rule  or  guide  ;  and  comprehends  all  rules  made  by  author- 
ity. A  statute  is  a  law,  though  a  law  may  not  be  a  statute. 
If  the  governor  disapprove  of  the  proposed  law,  he  returns 
the  bill  to  the  legislature,  with  his  reasons.  It  is  again  con- 
sidered by  the  legislature,  and  if  two  thirds  of  each  branch 
concur,  it  is  a  law,  though  not  signed  by  the  governor.  It 
rarely  happens  that  the  governor  rejects  a  bill ;  still  more 
rare,  that  the  legislature  pass  the  law  after  the  governor  does 
reject  it.  The  power  given  to  him  is  hardly  capable  of  mis- 
use ;  and  if  misused,  still  the  legislature  have  a  remedy  in  the 
concurrence  of  two  thirds. 

62.  The  power  of  the  legislature  to  make  laws  is  limited 
only  by  the  provisions  of  the  constitutions  of  the  state  and  of 
the  United  States.     Every  subject  which,  in  their  opinion,  is 
connected   with  the  public  welfare,  is  a  proper  subject  for 
their  attention.     But  they  have  no  power  to  make  any  law 
affecting  any  particular  citizen  by  name,  individually,  against 
his  will ;  except  only,  that  each  branch  may,  by  order,  im- 
prison any  person  for  contemptuous  behavior  in  their  pres- 
ence.    Whenever  any  legislative  measure  is  proposed,  which 
may  affect  particular  persons,  and  not  all  persons,  it  is  an  in- 
variable practice  to  notify  it  to  the  interested  party,  that  he 
may  appear,  and   remonstrate,  or  be  heard  before  a  com- 
mittee. 

63.  As  it  is  in  the  power  of  the  legislature  to  make  any 
law  within  the  constitutional  limits,  so  it  is  in  their  power  to 
repeal  any  existing  law,  unless  some  personal  or  corporate 
right  was  conferred  by  it ;  in  which  case  they  cannot  repeal, 
unless  the  power  to  do  so  was  reserved  in  the  original  act. 
It  sometimes  happens  that  a  law  passes,  which  is  plainly  and 
clearly  against  the  constitution.     In  such  case,  if  the  law  is 
questioned,  and  comes  before  the  Supreme  Judicial  Court  to 
be  judged  of,  and  is  found,  by  that  court,  to  be  irreconcilable 
to  the  constitution,  they  declare  it  to  be  void.    This  power  is 
known  only  in  the  American  constitutions.     It  is  exercised 
with  great  care,  and  only  in  clear  cases. 

64.  Besides  the  laws  so  made,  the  people  had,  before  the 
revolution,  the  benefit  of  the  common  law  of  England.     That 
benefit  the  people  retained  in  their  new  constitution,  by  pro- 
viding that  all  laws  adopted,  used  and  approved  in  the  colo- 
ny, should  continue  in  force  until  altered  or  repealed  by  the 
legislature. 

65.  The  common  law  was  brought  over  by  our  ancestors. 


28  POLITICAL  CLASS  BOOK. 

In  England,  it  is  grounded  on  the  general  customs  of  the 
realm.  It  is  founded  in  reason,  and  is  said  by  English  au- 
thorities to  be  the  perfection  of  reason,  acquired  by  long 
study,  observation  and  experience,  refined  by  learned  men  in 
successive  ages.  It  is  the  common  birthright  for  the  defence 
of  one's  goods,  lands  and  revenues ;  and  of  one's  wife,  chil- 
dren, liberty,  fame  and  life.  Our  own  statute  law  provides, 
for  example,  that  murder  shall  be  punished  with  death  ;  but 
it  does  not  define  what  murder  is.  For  this  definition  we  re- 
sort to  the  common  law.  We  find  this  in  the  books  of  au- 
thority. These  contain  the  description  of  the  crime  ;  and 
when  a  trial  is  had,  these  books  are  re»<*.  The  principles 
and  adjudged  cases  therein  contained,  are  compared  wjth  the 
case  on  trial,  and  furnish  the  grounds  of  decision.  The  com- 
mon law  prescribes  the  rules  of  proceeding  in  a  great,  major- 
ity of  all  the  cases,  civil  and  criminal,  which  are  tried  in  our 
courts.  In  those  cases  in  which  the  principles  of  the  com- 
mon law  have  been  found  unsuitable  to  our  institutions,  they 
have  been  annulled  or  modified  by  our  own  statutes. 

66.  It  is  the  duty  of  the  governor  to  communicate  to  the 
legislature,  at  the  beginning  of  every  session,  his  opinion  on 
the  state  of  the  commonwealth  ;  and  to  recommend  for  con- 
sideration such  measures  as  he  finds  to  be  proper.     This  he 
does,  either  by  going  personally  into  a  convention  of  both 
branches,  and  speaking  to  them ;  or  by  sending  to  each 
branch  the  same  written  message,  which  is  read  to  the  mem- 
bers by  the  presiding  officers  therein.     If  the  former  course 
was  pursued,  until  very  lately,  each  branch  made  an  answer, 
which  was  sent  by  a  committee  to  the  governor.     This  prac- 
tice of  answering  has  been  wisely  laid  aside.     If  all  the 
branches  are  in  harmony,  that  is,  free  from  party  divisions 
(as  is  happily  the  case  at  present),  answers  are  useless  ;  and 
if  divisions  exist,  answers  furnish  opportunity  for  party  de- 
bates.    No  answer  is  made  to  a  message.     Of  late,  the  latter 
mode  is  most  commonly  adopted. 

67.  It  sometimes  happens  that  legislative  debate  calls  forth 
illustrious  examples  of  learning,  patriotism  and  eloquence. 
Such  power  has  been  shown  by  American  citizens  in  a  man- 
ner which  has  rivalled  the  finest  examples  of  eloquence  in 
any  country  or  age.     It  has  been  remarked,  however,  that 
eloquence  is  not  so  common  an  accomplishment  as  might  be 
expected  in  a  government  in  which  so  much  speaking  occurs, 
and  wherein  the   ability  to  address  the  understanding  in  a 
persuasive  manner,  may  be  applied  to  the  most  useful  pur- 


POLITICAL  CLASS  BOOK.  29 

poses.    The  cause  of  this  is  the  neglect  of  proper  instruction 

in  our  seminaries.     The  art  of  speaking  has  not  been  re- 
garded as  it  deserves  to  be. 


CHAPTER  VII. 

Town  Meetings,  Choice  of  Officers,  Taxes,  3?c. 

68.  IN  the  month  of  March  or  April,  annually,  the  inhab- 
itants of  towns  must  be  assembled,  in  the  manner  before 
mentioned,  for  the  purpose  of  choosing  town  officers.    These 
are  selectmen,  assessors  of  taxes,  town-clerk,  constables,  over- 
seers of  the  poor,  surveyors  of  highways,  and  several  other 
officers,  which  the  law  provides  for.     At  this,  or  any  other 
meeting,  all  subjects  on  which  towns  can  act,  may  be  dis- 
posed of,  provided  notice  is  given  in  the  warrant  for  calling 
the  meeting,  that  they  are  to  be  acted  on.     For  the  orderly 
conducting  of  meetings,  some  one  of  the  inhabitants  is  chosen 
moderator,  who  is  what  the  sense  of  that  word  implies.    Any 
inhabitant  may  express  his  opinion  on  the  subject  under  con- 
sideration, which  is  usually  brought  before  the  meeting  by 
reference  to  the  warrant  calling  the  meeting ;  and  it  is  de- 
cided upon  according  to  the  opinion  of  the  majority,  ascer- 
tained by  their  votes. 

69.  The  vote  is  taken  after  debate  is  ended.     The  mod- 
erator states  the  question,  and  then  calls  on  those  who  are 
in  favor  of  it  to  manifest  it  by  holding  np  their  hands.     Then 
lie  calls  on  those  who  are  opposed,  to  do  the  same.     The 
greatest  number  of  votes,  on  the  one  side  or  the  other,  set- 
tles the  fate  of  the  question,  and  it  is  so  recorded  by  the 
clerk.     This  record  is  the  only  legal  evidence  of  the  will  of 
the  inhabitants. 

70.  All  officers  of  the  state  are  chosen  by  written  or  printed 
ballot.     Ballot  is  derived  from  a  French  word,  meaning  a 
little  ball.     Different  colored  balls  expressed  yes  or  no  to  the 
question  to  be  decided  ;  each  voter  having  two,  and  putting 
into  a  box  which  of  them  he  pleased.     With  us,  the  jvord 
means  a  slip  of  paper,  on  which  is  the  name  of  the  person 
voted  for.    Town  officers  may  be  chosen  by  ballot,  or  in  such 
other  mode  as  the  inhabitants  may  agree  on. 

71.  Besides  the  choice  of  officers  for  the  town,  and   the 

3* 


30  POLITICAL  CLASS  BOOK. 

choosing  of  state  officers,  towns  have  power  to  do,  and  are 
required  to  do,  many  acts.  They  may  assess  upon  the  in- 
habitants all  sums  of  money  necessary  for  town  purposes  ; 
aud  among  them  for  repairing  highways,  erecting  or  repair- 
ing buildings,  maintenance  of  the  poor,  and  many  other  pur- 
poses. They  may,  in  such  meetings,  choose  agents  for  spe- 
cial purposes  ;  order  the  disposal  of  all  town  property  ;  and, 
generally,  do  all  acts  which  concern  the  common  welfare, 
within  the  usual  power  and  authority  of  towns.  But  there 
are  some  things  which  a  majority  cannot  do.  The  majority 
cannot  bind  the  minority  to  pay  assessments  for  purposes 
which  towns  are  not  competent  to  order  ;  as  matters  of  char- 
ity or  mere  ornament,  and  many  others  ;  it  being  well  un- 
derstood, in  practice,  that  the  corporate  powers  of  towns  are 
such  only  as  the  laws,  made  in  conformity  to  the  constitution, 
require  or  permit.  It  is  obvious  that  each  citizen  retains  for 
himself  the  right  of  deciding  whether  he  will  or  will  not  do 
some  things  ;  and  as  to  which  the  whole  community  have  no 
political  power  over  him. 

72.  One  object  which  engages  the  attention  of  towns  is  the 
assessment  of  taxes  for  public  uses,  whether  of  the  state,  or 
counties,  or  towns. 

The  process  of  taxation  is  provided  for  in  the  constitution/ 
in  these  words  : — "  While  the  public  charges  of  government, 
or  any  part  thereof,  shall  be  assessed  on  polls  and  estates,  in 
the  manner  that  has  hitherto  been  practised,  in  order  that 
such  assessments  may  be  made  with  equality,  there  shall  be 
a  valuation  of  estates  taken  within  the  commonwealth  anew 
once  in  every  ten  years,  and  as  much  oftener  as  the  General 
Court  shall  order." 

73.  Under  this  provision,  it  is  the  course  of  the  legislature 
to  provide  by  law  for  the  enumeration  of  polls,  and  the  valu- 
ing of  all  property  in  the  state.     Poll  is  said  to  be  a  Saxon 
word,  meaning  head.     In  the  constitution,  it  means  a  person  ; 
that  is,  the  number  of  heads,  or  persons,  who  are  liable  to 
taxation.     Poll  is  used  to  signify  an  election,  because  the 
result  depends  upon  the  number  of  persons  who  act  therein. 
"  Going  to  the  polls,"  is  going  to  vote,  or  to  the  place  of 
voting. 

74.  The  assessors  of  every  town,  district  or  plantation,  are 
required  to  return  to  the  General  Court  such  enumeration 

nd   valuation.      A  large   committee  of  the   legislature  is 
hosen,  to  whom  these  returns  of  the  assessors  are  committed 


POLITICAL  CLASS  BOOK.  31 

and  its  power  and  duty  is,  to  compare  all  these  returns,  and 
to  ascertain  what  proportion  each  town  in  the  commonwealth 
is  to  pay,  of  any  sum  which  may  be  required  by  the  state,  or 
for  the  county.  To  know  who  is  to  pay  that  sum,  as  well  as 
other  taxes,  which  are  raised  for  the  town's  use  annually, 
the  assessors  cause  the  polls  to  be  numbered,  and  all  the 
property  in  the  town  to  be  valued.  The  proportion  of  the 
sum  to  be  raised,  which  may  be  laid  on  each  poll,  is  fixed  by 
law,  and  the  residue  is  assessed  on  property.  For  example, 
if  $1000  are  to  be  raised,  $200  may  be  assessed  on  i>olls, 
$800  on  estates. 

75.  The  tax  required  for  state  purposes  varies  according 
to  circumstances.     When  the  legislature  lays  a  tax,  which  is 
done  by  a  law,  the  treasurer  of  the  state  sends  his  warrant  to 
the  assessors  of  each  town,  who  are  thereby  required  to  cause 
the  sum  in  the  warrant  mentioned    (being  the  town's  pro- 
portion, as  fixed  by  the  valuation  once  in  ten  years),  to  be  as- 
sessed, collected  and  paid  into  the  treasury.     County  taxes 
are  authorized  by  a  law  of  the  General  Court.     County  treas- 
urers issue  their  warrants  to  the  assessors  in  the  towns  of  the 
county,  in  like  manner.     Towns  are  liable  to  indictment  for 
not  choosing  assessors,  and  may  be  fined.     The  property  of 
any  inhabitant  may  be  taken  to  pay  the  fine.     Assessors  are 
liable  to  penalties  for  not  performing  their  duties. 

It  makes  no  difference  how  the  estates  are  valued,  in  any 
one  town,  if  all  are  so  valued  as  to  bear  a  just  proportion  to 
each  other,  because  each  person  will  pay  the  same  sum, 
whether  the  value  is  high  or  low  ;  but  great  injustice  may  be 
done,  unless  the  fair  relative  value  of  one  town  to  another  be 
preserved,  in  the  taxation  by  the  state. 

76.  When  a  tax  is  to  be  collected,  the  polls  and  estates 
being  known,  and  the  sum  which  each  one  is  to  pay  appor- 
tioned to  him,  the  assessors  make  a  list,  containing  the  names 
of  all  who  are  to  pay,  and  put  against  each  name  the  sum  to 
be  paid.     This  list  is  annexed  to  a  writing  called  a  warrant, 
signed  and  sealed  by  the  assessors.     The  warrant  is  address- 
ed to  the  collector,  and  he  is  therein  commanded  to  collect 
the  money.     He  demands  of  each  person  to  pay.     On  refusal 
or  neglect,  real  or  personal  estate  may  be  taken  and  sold ;  or, 
after  twelve  days,  the  person  may  be  taken,  and  committed 
to  jail,  by  the  collector.     When  the  collector  has  obeyed  his 
warrant,  he  writes  on  it  a  certificate,  called  a  return,  of  what 
he  has  done,  and  carries  it  back  to  the  assessors,  who  keep 
it.     The  money  collected  is  paid  into  the  town  treasury. 


32  POLITICAL  CLASS  BOOK. 

whence  it  goes,  either  to  the  use  of  the  town,  the  county,  or 
the  state,  according  to  the  purpose  for  which  it  was  assessed. 
If  to  the  town,  it  is  paid  out  according  to  vote  of  the  inhabi- 
tants ;  if  to  the  county,  it  goes  to  the  county  treasurer ;  if 
to  the  state,  it  goes  to  the  state  treasurer. 

77.  It  sometimes  happens  that  assessors  make  mistakes ; 
and  the  error  may  be,  and  sometimes  is,  of  such  nature  as  to 
make  the  whole  proceeding  illegal  and  void.  If  assessors  do 
so  mistake  their  duty,  and  do,  nevertheless,  require  the  col- 
lector to  collect  the  tax,  and  he  does  so,  the  collector  and  the 
assessors  may  be  trespassers ;  and  every  citizen,  whose  prop- 
erty is  taken  on  an  illegal  tax,  has  a  remedy  at  law.  No 
citizen  is  held  to  pay  any  tax  that  is  not  lawful  in  itself,  and 
assessed  in  a  lawful  manner.  The  word  assessor  is  a  Latin 
word,  arid  is  derived  from  assideo,  to  sit 

Assessors,  among  the  Romans,  were  persons  selected  by 
some  high  judicial  officer  to  sit  with  him,  and  to  give  their 
opinions,  in  the  administration  of  justice.  Hence  the  word 
assessment,  which  is  of  the  nature  of  a  judicial  opinion. 


CHAPTER  VIII. 

The  Executive  Power. 

78.  WHEN  laws  have  been  properly  made,  they  are  to  be 
executed  ;  that  is,  they  are  to  be  applied  or  put  into  use,  by 
executive  officers.     All  officers,  other  than  those  who  make, 
or  act  judicially  on,  the  laws,  are  executive  officers  ;  at  the 
head  of  this  branch  are  the  governor,  lieutenant-governor, 
and  council,  who  are  called  the  executive  department,  and  who 
have  the  power  of  appointing  all  inferior  executive  officers. 
The  word  lieu,  and  the  word  tenant  (from  the  French),  dis- 
tinguish an  officer  who  is  authorized  to  take  the  vacant  place 
of  a  superior. 

79.  The  governor  and  lieutenant-governor  are  chosen  by 
the  people,  in  their  town  meetings,  on  the  first  Monday  in 
April,  by  those  who  are  qualified  to  vote.     The  selectmen 
and  town-clerk  of  each  town  make  a  return  of  all  the  votes 
given  in,  certified  by  the  clerk  of  the  town,  and  the  select- 
men, to  be  a  true  copy  of  record,  to  the  office  of  the  secretary 
of  state.     These  returns  are  examined  by  a  joint  committee 
of  both  branches  of  the  legislature,  who  report  the  whole 


POLITICAL  CLASS  BOOK.  33 

number  of  votes  given  throughout  the  state.  The  report  is 
made,  first  in  the  Senate,  and  is  acted  upon  there  ;  and  then 
sent  to  the  House,  and  is  acted  upon  there  ;  and  if  both 
branches  concur  in  the  opinion,  that  any  person  is  chosen, 
they  appoint  a  committee  to  wait  on  him,  and  notify  him  of 
the  election.  He  appears  in  a  convention  of  both  branches, 
and  the  president  of  the  Senate  administers  the  oaths  of  office. 
If  no  person  is  chosen  governor  by  the  people,  the  House 
chooses  two  out  of  the  four  who  have  the  highest  number  of 
votes  ;  the  Senate  chooses  one  of  these  two,  and  he  is,  there- 
upon, the  governc*.  He  is  '  styled'  the  '  governor  of  the 
commonwealth  of  Massachusetts.'  His  title  is  '  His  Excel- 
lency.' He  has  no  vote  in  council. 

SO.  The  lieutenant  governor  is  elected  and  qualified  in  like 
manner.  His  title  is  'His  Honor.'  Nine  counsellors  are 
chosen  in  a  convention  of  both  branches,  from  among  the 
senators.  If  all,  or  any  of  them,  decline,  the  two  branches 
again  meet,  and  choose,  from  the  people  at  large,  the  number 
necessary  to  fill  the  vacancies.  If  those  of  the  Senate  who 
are  chosen,  accept,  or  any  of  them,  the  remainder  of  senators, 
though  reduced  below  the  number  of  forty,  constitute  the 
Senate. 

81.  The  powers  of  the  executive  are  subdivided.  To  the 
governor  alone  belongs  the  authority  of  approving  or  reject- 
ing bills  passed  by  the  legislature.  He  is  commander  in 
chief  of  the  military  force.  But  there  is,  in  practice,  a  com- 
mittee of  the  council  on  military  affairs.  To  him  alone  be- 
longs the  power  and  duty  of  nominating  to  office,  in  all  cases 
where  appointment  depends  upon  the  executive.  Of  this 
class  are  all  judicial  officers,  attorney  and  solicitor  general, 
sheriffs,  coroners,  registers  of  probate.  It  is  the  governor's 
duty  to  nominate,  or  name  to  the  council,  such  persons  as  he 
thinks  proper  to  fill  offices.  A  nomination  remains  unacted 
upon  for  seven  days,  during  which  time  the  counsellors  are 
supposed  to  form  their  opinions.  The  governor  then  asks 
the  counsellors  whether  they  approve  or  not.  If  a  majority 
of  them  approve,  the  appointment  is  perfected,  and  the  gov- 
ernor issues  a  commission.  If  a  majority  disapproves,  the 
nomination  fails,  and  some  other  person  is  to  be  named. 
This  mode  of  appointment  seems  to  rest  on  the  supposition, 
that  the  governor  is  not  to  inform  his  council  of  the  names 
of  persons  whom  he  intends  to  nominate.  If  the  governor  is 
to  know  whether  a  nomination  will  be  approved  before  he 


34  POLITICAL  CLASS  BOOK. 

makes  it,  it  is  rather  a  joint  power  of  appointment,  than  a 
nomination. 

The  governor,  with  the  consent  of  council,  may  pardon  all 
criminals  who  are  under  judicial  sentence  ;  and  may  reprieve 
those  who  are  sentenced  to  death  ;  that  is,  may  postpone  the 
execution. 

82.  The  duties  of  the  governor  are  responsible  and  impor- 
tant ;  and  sometimes  highly  so,  in  relation  to  the  national 
government.  Many  duties  are  implied,  as  connected  with 
his  station  ;  and  the  legislature  frequently  vest  in  the  execu- 
tive, by  law,  trusts  of  much  responsibility. 

S3.  The  lieutenant  governor  has  no  peculiar  duty  in  the 
presence  of  the  governor.  His  place  is  at  the  council  board. 
He  is  often  at  the  head  of  the  committees  which  are  appoint- 
ed in  this  department.  In  the  event  of  a  vacancy  in  the  of- 
fice of  governor,  he  succeeds  to,  and  performs  all  the  duties 
of  governor,  until  a  new  election  occurs.  This  second  officer 
has  been  called  to  perform  the  duties  of  the  first  four  times  since 
the  adoption  of  the  constitution. 

84.  The  executive  department  forms  a  part  of  the  board 
of  overseers  of  the  University  at  Cambridge  ;  and  the  gover- 
nor, as  such,  presides  at  all  the  meetings  of  that  board. 

85.  As  commander  in  chief,  the  governor  has  around  him, 
personally,  certain  officers,  who  are  of  his  own  appointment, 
and  who  are  called,  in  military  phrase,  his  staff.     These  are 
the  adjutant  general  and  four  aids-de-camp.     And  there  may 
be,  though  there  are  not,  other  officers  of  the  staff.     The 
governor  may  take  on  himself  more  or  less  of  implied  duty. 
The  treasury  may  be  considered  to  be  under  his  supervision. 

86.  The  treasurer  is  chosen  annually  by  the  legislature, 
and  the  same  person  cannot  be  chosen  more  than  five  suc- 
cessive years.     He  is  the  treasurer  and  receiver  general  of 
the  state.     He  can  pay  no  money  out  of  the  treasury,  but  on 
a  warrant  signed  by  the  governor,  with  consent  of  council 
The  governor  can  draw  no  warrant  but  in  virtue  of  some  act 
of  the  legislature 

87.  The  secretary  of  the  commonwealth  is  chosen  annu- 
ally by  the  legislature,  and  may  be  rechosen  for  any  succes- 
sion of  years.     His  duty  is  to  keep  the  various  documents  of 
the  legislative  proceedings,  and  of  the  executive  department. 
He  is  the  proper  officer  to  certify  all  commissions  issued  by  the 
governor.     He  is  the  keeper  of  the  great  seal  of  the  common- 
wealth, and  the  only  person  who  can  officially  use  it.     He  is 


POLITICAL  CLASS  BOOK.  35 

the  secretary  of  the  governor  and  council,  and  the  recorder 
of  their  transactions.  He  is  the  certifying  officer  of  the 
state. 

88.  The  secretary  and  treasurer  are  on  duty,  in  their  offices, 
throughout  the  year  ;  and  the  governor  also.  The  senators, 
representatives  and  counsellors  are  merely  citizens,  and  have 
no  political  power,  except  when  constitutionally  assembled. 
The  executive  departments  are  believed  to  be  conducted  with 
perfect  order  and  regularity  in  this  state. 


CHAPTER  IX. 

Judiciary  Department. 

89.  THE  administration  of  justice  is  twofold  ;  first,  to  pun- 
ish crimes  and  public  offences  ;  secondly,  to  compel  citizens 
to  do  what  should  be  done  between  themselves,  and  to  make 
reparation  for  wrongs.  It  is  the  state  only  which  determines, 
by  its  legislative  department,  what  act  shall  be  deemed  a 
crime  or  offence,  and  provides  for  its  punishment.  To  com- 
mit a  crime,  is  to  offend  against  the  state.  If  the  act  dono 
be  not  only  such  offence,  but  also  a  wrong  done  to  an  indi- 
vidual, the  latter  may,  in  some  cases,  have  a  remedy  by  civil 
suit  against  the  offender.  Justice  between  citizens  is  admin- 
istered in  the  name  of  the  state  ;  if  each  one  were  left  to  do 
justice  for  himself,  the  greatest  injustice  would  often  be  done, 
and  society  would  be  disturbed  by  contention,  violence  and 
crime.  Nothing  which  is  seen  among  men,  is  more  entitled 
to  respect  and  veneration,  than  the  means  of  prompt,  impar 
tial  and  peaceable  settlement  of  public  and  private  wrongs. 
Hence  the  exercise  of  power  in  the  judiciary  department  is 
far  more  important  to  the  citizens  of  the  state  than  in  all 
other  departments.  There  is  little  probability  that  mischievous 
laws  will  be  passed  through  ignorance  ;  nor  any  that  they 
will  be  passed  by  design,  or  continued  in  force  when  found 
to  be  inexpedient.  The  remedy  by  repealing  is  always  in 
the  hands  of  the  people,  by  choosing  more  discreet  law-makers 
at  the  next  election.  The  executive  power  cannot  be  seri- 
ously perverted.  Under  occasional  excitement,  improper 
persons  may  be  appointed  to  office  ;  but,  ordinarily,  the  citi- 
zens of  an  extensive  commonwealth  have  not  so  deep  an  in- 
terest in  such  events  as  to  be  much  affected  by  them,  unless 


36  POLITICAL  CLASS  BOOK. 

the  appointment  happens  to  touch  the  purity  of  the  judiciary 
department. 

90.  Every  citizen  is  affected  by  the  exercise  of  judiciary 
power.     If  he  is  not  interested  in  a  particular  case,  the  prin- 
ciple on  which  the  case  is  decided  may  form  a  precedent  af- 
fecting his  interests  materially.     His  property,  liberty,  char- 
acter and  life  may  be  dependent  on  the  result  of  a  trial.     If 
judges  are  ignorant,  prejudiced,  or  moved  by  hope  or  fear,  as 
to  the  exercise  of  power  in  the  other  branches,  the  object  of 
government  is  in  great  peril  of  being  defeated.     No  money 
is  paid  from  the  treasury  so  profitably  to  the  people,  as  that 
which  is  paid  in  support  of  the  judiciary,  in  the  true  spirit  of 
the  constitution. 

91.  Those  who  framed  the  constitution  well  knew  the  im- 
portance of  this  branch.     The  people,  by  accepting  this  in- 
strument, have  declared,  that  every  citizen  shall  have  "  right 
and  justice  freely,  without  being  obliged  to  purchase  it ;  com- 
pletely and  without  denial,  promptly  and  without  delay,  con- 
formably to  the  laws." 

"  It  is  not  only  the  best  policy,  but  for  the  security  of  the 
rights  of  the  people,  that  the  judges  of  the  Supreme  Judicial 
Court  should  hold  their  offices  so  long  as  they  behave  v/ell ; 
that  they  should  have  honorable  salaries,  ascertained  and  es- 
tablished by  standing  laws." 

92.  Besides  the  Supreme  Court,  there  are  county  courts, 
and  courts  held  by  justices  of  the  peace/    There  are,  also, 
probate  courts  in  each  county. 

93.  There  are,  at  present,  fourteen  counties  in  the  state, 
each  county  having  within  its  limits  one  or  more  towns. 

94.  In  ono  of  the  towns,  and,  in  some  counties,  in  two 
towns  alternately,  the  courts  are  held.     If  in  one  town,  it  is 
called  the  shire  town ;  if  in  two,  they  are  called  half  shire 
towns.     Counties  arid  shires  are  thus  derived  : — England  was 
divided  into  parts,  and  these  put  under  the  government  of 
counts  or  earls,  who  appointed  sheriff's  to  do  certain  acts  in 
the  chief  town.    Hence  came  the  territorial  division  of  county 
and  shire  town.     Names  of  some  counties  have  the  same  ori- 
gin, as  Hampshire.     There  is  a  court-house,  a  jail,  an  office 
of  the  clerks  of  courts,  a  registry  of  deeds  and  probate  office, 
in  each  county ;  and  for  county  officers,  sheriffs,  their  depu- 
ties, and  coroners,  who  have  no  power  out  of  their  respective 
counties.     The  latter  officers  perform  the  duties  of  sheriff, 
when  there  happens  to  be  a  vacancy,  or  sheriffs  are  parties 
interested.     They  also  inquire  into  the  causes  of  accidental 


POLITICAL  CLASS  BOOK.  37 

or  violent  death,  with  the  aid  of  a  jury,  that  prosecutions  may 
be  made,  when  the  law  has  been  violated.  The  expenses  jl 
maintaining  the  county  are  charged  upon  the  polls  and  es- 
tates of  the  inhabitants  of  towns  within  the  county  ;  except- 
ing that  fines  and  costs  of  suit  are  credited.  These  expense:] 
relate,  almost  exclusively,  to  the  administration  of  justice, 
county  roads  and  county  bridges.  When  there  is  need  of  an 
expenditure  for  the  use  of  the  county,  an  estimate  is  sent  to 
the  legislature  of  the  sum  wanted.  The  legislature  may  grant 
a  tax  to  be  collected  in  the  towns  of  the  county,  according  to 
their  proportions. 

95.  The  county  treasurer,  who  is  chosen  by  the  inhabit- 
r-.nts  of  towns  in  the  county,  is  to  the  county  what  the  sta».e 
treasurer  is  to  the  state.     Each  county  builds  its  jail,  cow- 
house, county  offices,  and  pays  its  own  jurymen,  and  oliir.i 
county  expenses. 

96.  The  most  limited  judicial  power  is  exercised  by  jus- 
tices of  the  peace,  who  are  nominated  by  the  governor,  ap- 
proved by  the  council,  and  commissioned  under  the  seal  of 
the  state,  to  act  throughout  Uie  counties  in  which  they  re- 
spectively reside,  for  the  term  of  seven  years.     There  are 
three  sorts  of  justices  : — 1.  those  above  mentioned;  2.  jus»- 
lices  of  the  quorum,  which  means  a  superior  magistrate  to  a 
mere  justice  ;  and  when  certain  acts  are  to  be  done  by  two, 
they  are  to  be  done  by  two  (quorum,  Latin  for)  of  whom  one 
shall  be  such  superior  ;  3.  justices  who  are  not  limited  to  a 
county,  but  who  are  such  throughout  the  state. 

97.  They  have  powers  defined  by  law.     Among  them  are 
the  following  : — On  a  complaint  made  on  oath,  they  can  issue 
a  warrant  to  take  the  person  accused,  and  bring  him  before 
the  justice  who  issues  the  warrant,  or  any  other  justice  in  the 
county.     This  warrant  is  a  writing,  made  by  the  magistrate, 
and  addressed  to  a  sheriff  or  constable,  who  is  therein  com- 
manded to  take  the  person  complained  of.     If  the  offence  be 
such  that  the  justice  can  try  the  accused,  and  punish  him  by 
a  fine,  he  may  do  so.     If  the  offence  is  of  such  a  nature  that 
the  accused  is  to  be  tried  in  a  higher  court,  the  justice  com- 
mits the  accused  to  jail,  to  await  his  trial ;  or  takes  a  recog- 
nizance of  the  accused  and  his  sureties,  for  appearance  at 
court  to  take  his  trial. 

98.  A  recognizance   is  an  acknowledgment   of  debt   to 
the  commonwealth,  in  the  sum  required  by  the  justice,  which 
debt  is  satisfied,  if  the  party  appears  and  takes  his  trial.     If 
he  does  not  appear,  the  debt  is  good  against  him  and   his 

4 


38  POLITICAL  CLASS  BOOK. 

sureties ;  and,  moreover,  he  is  liable  to  be  talcen  any  time 
afterwards,  and  tried. 

99.  'Bail'  is  sometimes  taken  for  the  appearance  of  a 
party  at  court  in  criminal  or  civil  cases.     A  bond  is  given  by 
the  party,  with  one  or  more  sureties,  that  the  party  shall  ap- 
pear at  court.     The  party  being  under  arrest,  or  in  jail,  is 
then  bailed,  or  delivered  over  to  his  sureties,  who  are  con- 
sidered as  his  keepers.     They  may  let  him  go  at  large  ;  but 
if  they  apprehend  that  he  will  not  appear,  they  may  cause 
him  to  be  taken,  at  any  time,  and  imprisoned,  and  thereby 
discharge  themselves.     Bail  is  derived  from  a  French  word, 

"  which  signifies  to  deliver. 

100.  Justices  have  power  to  try  personal  actions  between 
citizen  and  citizen,  where  the  value  does  not  exceed  twenty 
dollars. 

101.  The  duties  and  powers  of  justices  are  very  numerous, 
but  all  of  them  arise  from  laws  of  the  state,  or  under  the  com- 
mon law. 

102.  No  citizen  can  be  lawfully  arrested  for  a  crime,  un- 
less in  virtue  of  a  complaint  setting  forth  his  offence,  and  a 
warrant  thereon,  as  before  stated.     But  offenders  are  some- 
times seized  and  carried  before  a  justice,  when  there  is  not 
time  to  get  a  warrant,  and  when  there  is  reason  to  fear  an 
escape. 


CHAPTER  X. 

Judiciary, — Court  of  Common  Pleas. 

103.  THERE  are  four  justices  of  this  court.     One,  only, 
holds  two  or  more  courts  in  every  county  of  the  state,  in  every 
year.    Either  of  them  may  hold  a  court  in  any  county.    They 
try  criminal  cases,  and  pronounce  sentence,  where  the  pun- 
ishment does  not  go  beyond  fine,  and  imprisonment  in  the 
common  jail ;  and  they  try  and  give  judgment  in  all  civil 
cases,  in  which  the  sum  at  issue  is  more  than  twenty  dollars 
They  try  appeals  from  judgments  rendered  by  justices  of  the 
peace  in  civil  actions. 

104.  An  appeal  lies  from  their  judgments,  in  all   cases 
over  one  hundred   dollars  value,  to   the   Supreme  Judicial 
Court. 

105.  A  trial  is  conducted  in  the  most  fair  and  impartial 
'"inner  possible  in  the  courts  of  our  state.     The  judges  are 


POLITICAL  CLASS  BOOK. 

independent.     They  hold  their  offices  during  good  behavior 
Their  salaries  are  fixed,  and  paid  out  of  the  public  treasury. 

106.  No  one  can  be  pflt  on  trial  for  a  crime,  until  a  grand 
jury  have  declared,  on  oath,  that  he  ought  to  be  tried.     A 
grand  jury  is   thus  constituted: — Before   every   court,  the 
names  of  some  of  the  inhabitants  of  the  towns,  or  town,  in 
the  county,  are  drawn  out  of  a  box,  in  which  the  names  of 
all  persons  liable  to  serve  are  kept.     The  jury-box  is  revis- 
ed once  in  three  years,  by  the  inhabitants  in  town  meet- 
ing, who  add  names,  or  withdraw  them,  as  they  think  prop- 
er.    The  persons  whose  names  are  drawn  out  to  serve  as 
grand  jurors  for  a  term  are  warned  to  attend  court.      They 
cannot  be  more  than  twenty-three,  nor  less  than  twelve,  in 
number.     They  are  sworn  by  the  clerk  of  the  court. 

107.  The  grand  jurors  are  thus  sworn  : — "  You  shall  dili- 
gently inquire,  and  a  true  presentment  make  of  all  such 
matters  and  things  as  shall  be  given  you  in  charge.      The 
commonwealth's  counsel,  your  fellows',  and  your  own,  you 
shall  keep  secret.     You  shall  present  no  man  for  envy,  ha- 
tred or  malice  ;  neither  shall  you  leave  any  man  unpresented 
fbr  love,  fear,  favor,  affection,  or  hope  of  reward ;  but  you 
shall  present  things  truly,  as  they  come  to  your  knowledge, 
according  to  the  best  of  your  understanding.     So  help  you 
GOD." 

108.  The  judge  then  gives  them  a  charge,  wherein  he 
makes  known  their  duty,  and  the  subjects  which  they  are 
bound  to  attend  to,  and  defines  the  crimes  which  may  come 
under  their  consideration. 

109.  They  retire  to  an  apartment,  and  there,  assisted  by 
the   state's  attorney,  hear  the  testimony  of  sworn  witnesses. 
If  twelve  of  the  jurors  are  of  opinion  that  the  accused  ought 
to  be  tried,  the  state's  attorney  draws  up  an  indictment,  stat- 
ing the  crime  charged.     The  foreman  of  the  jury  signs  it  in 
behalf  of  the  jury.     This  indictment  is  carried  by  the  jury 
to  the  court.     The  accused,  if  under  recognizance  (in  which 

ase  he  ought  to  be  ready  in  court),  is  called  to  be  put  on 
trial.  If  he  has  never  been  arrested  on  this  accusation',  a 
warrant  issues  to  take  him,  and  he  is  brought  before  the  court 
to  be  tried.  If  in  prison,  he  is  brought  into  court.  If  he 
does  not  appear  when  called,  his  default  is  recorded,  and  his 
bond  or  recognizance  is  forfeited. 

110.  If  tried,  it  is  by  a  jury,  selected  in  like  manner  as 
the  grand  jurors.     The  trial  is  carried  on  by  reading  the  in- 


40  POLITICAL  CLASS  BOOK. 

dictment  to  the  jury.  The  statecs  counsel  explains  the  ca^e 
and  calls  witnesses  to  prove  it.  In  every  county  there  is  an 
attorney  for  the  state,  who  acts  for  the  state  in  the  Common 
Pleas.  The  attorney  general  and  solicitor  general  are  the 
law  officers  of  the  state,  and  act  in  the  Supreme  Judicial 
Court  in  state  prosecutions.  The  prisoner,  by  himself  or 
counsel,  states  his  defence,  and  calls  witnesses  to  prove  it. 
His  counsel  argues  the  case  to  the  jury.  The  state's  coun- 
sel closes  the  argument  for  the  government.  The  judge  then 
instructs  the  jury,  by  stating  what  the  accusation  is,  the 
manner  in  which  it  has  been  supported  and  resisted,  and 
what  the  law  is  in  such  case  ;  and  concludes  by  telling  them, 
that  they  are  to  judge  of  the  weight  of  evidence,  and  whom 
of  the  witnesses  they  will  believe  or  disbelieve,  if  there  is 
contradictory  testimony,  and  to  decide,  on  the  whole  matter, 
whether  the  accused  is  guilty  or  not. 

111.  They  are  also  instructed,  that,  if  they  have  reasona 
bio  doubts  of  the  guilt,  these  doubts  are  to  weigh  in  favor  of 
the  prisoner ;  and  that  he  is  not  to  be  found  guilty,  unless 
they  are  satisfied  that  he  is  so.     If  the  accused  is  found  not 
guilty,  he  is  discharged.     If  guilty,  the  judge  sentences  him 
to  such  punishment  as  the  law  has  provided,  which  may  be 
a  fine  and  imprisonment  in  the  common  jail,  or  a  fine  only. 
The  Supreme  Court  can  sentence  to  a  certain  number  of  days' 
solitary  imprisonment,  and  to  a  certain  number  of  years  of 
hard  labor,  in  the  state's  prison,  as  the  case  may  be. 

112.  Thus  every  protection  for  innocence  is  secured,  and 
all  means  of  defence,  consistent  "with  the  administration  of 
justice,  are  permitted.     The  innocent  can  hardly  be  found 
guilty  in  any  case,  though  the  guilty  may  sometimes  escape 

113.  The  trials  of  civil  causes  are  conducted  much  in  the 
same  manner.      Civil  causes,  suits  or  actions  are  lawsuits 
between  one  citizen  and  another.     They  are  civil,  not  crim- 
inal.    They  are  causes  for  judicial  inquiry.    They  arc  actions, 
because  the  complainant  is  an  actor.     They  are  suits  (from 
the  French  suivre,  to  follow),  because  they  go  on  regularly 
from  beginning  to  end.     A  lawsuit  means  a  complaint  by 
one  person  against  another,  to  an  authority  which  has  power 
to  do  justice.     The  injured  party  is  supposed  to  complain  to 
the  state.     The  state  commands  the  sheriff  to  make  known 
this  complaint  to  the  party  complained  of,  and  to  .summon 
him,  or  take  his  body,  so  that  he  be  in  court,  at  the  proper 
day,  to  answer  to  the  complaint  before  the  judges.     The 


POLITICAL  CLASS   BOOK.  41 

complaint  is  made  to  the  state  through  these  means : — The 
statute  laws  provide  for  the  forms  in  which  the  grounds  of 
complaint  may  be  set  forth.  These  forms  are  printed,  with 
blank  spaces  for  names  of  parties,  and  for  stating  the  facts 
of  each  particular  case.  The  clerks  of  courts  provide  these 
printed  forms,  and  put  the  seal  of  the  court  to  them,  and 
sign  them.  The  lawyers  get  them  from  the  clerks.  A  citi- 
zen who  has  a  cause  of  action,  goes  to  a  lawyer,  and  states 
his  case,  or  complaint.  The  lawyer  fills  up  one  of  these 
blank  forms,  according  to  the  nature  of  the  case,  and  thus 
makes  a  writ,  which  he  delivers  to  a  sheriff,  who  finds  it  to 
be  the  command  of  the  commonwealth  to  him,  to  do  as  above 
stated.  The  sheriff  obeys,  and  returns  the  writ  to  the  court, 
with  his  certificate  thereon  of  his  doings.  The  judge  pro- 
ceeds on  this  writ,  as  the  proper  evidence  that  a  suit  is  legal- 
ly commenced.  At  the  proper  day,  the  parties  appear  in 
court,  by  their  attorneys,  and  the  suit  goes  on.  The  word 
attorney  is  from  the  Latin,  and  signifies  a  person  who  is  law- 
fully authorized  to  act  for  and  in  the  name  of  another.  Any 
one,  who  has  a  legal  capacity  to  act  for  himself,  can  empower 
another  to  act  for  him,  by  a  written  instrument,  usually  called 
a  power  of  attorney.  Lawyers  are  officially  attorneys,  and 
are  so  considered  by  the  court,  without  a  written  authority. 
The  party  complained  of  either  admits  the  truth  of  the  com- 
plaint, and  submits  to  judgment ;  or  denies  the  truth  of  the 
complaint  generally  ;  or  states,  in  a  writing  called  a  pica, 
why  the  complaint  ought  not  to  be  sustained. 

114.  In  this  way,  some  question  of  fact  or  law  is  raised 
upon  the  whole  matter.  If  it  is  a  question  of  fact,  the  jury 
try  the  case,  hearing  witnesses,  evidence  and  arguments  OP 
both  sides  ;  and  find,  on  the  facts  submitted  to  them,  for  one 
party  or  the  other  ;  and  the  court  render  judgment  on  their 
verdict.  If  the  case  results  in  a  question  of  law,  the  court 
decide  on  that,  and  render  judgment.  If  no  appeal  is  claim- 
ed to  the  Supreme  Judicial  Court,  the  successful  party  is 
entitled  to  a  writ  called  an  execution,  which  is  a  command, 
in  the  name  of  the  commonwealth,  signed  by  the  clerk  of  the 
court,  and  addressed  to  the  sheriff,  who  is  required  to  execute 
it.  This  writ  is  adapted  to  the  case,  and  thereon  the  sheriff 
is  to  give  possession  of  land  ;  or  to  take  personal  property,  and 
sell  it,  to  pay  the  debt ;  or  to  commit  the  debtor  to  jail,  if  no 
estate  can  be  found  to  satisfy  the  demand  ;  or  to  do  such 
other  act,  to  execute  the  judgment,  as  the  precept  com- 
mands him  to  do.  When  a  debtor  cannot  pay,  it  seems 
4* 


J2  POLITICAL  CLASS  BOOK. 

contrary  to  the  laws  of  humanity  to  treat  him  like  a  criminal, 
and  as  though  he  had  forfeited  his  social  rights  among  his 
fellow  men. 


CHAPTER  XI. 

Supreme  Judicial  Court. 

115.  THIS  is  the  highest  judicial  tribunal  in  the  state.     It 
consists  of  four  judges,  who  are  appointed  and  commissioned 
by  the  governor  and  council.     They  hold  their  offices  during 
good  behavior,  and  receive  fixed  salaries  from  the  state  treas- 
ury.    One  of  these  magistrates  goes,  once  in  every  year, 
into  each  county  of  the  state,  except  Duke's  county  (appeals 
in  this  county  being  tried  in  the  neighboring  county  of  Bris- 
tol), to  try  civil  and  criminal  causes,  in  the  same  manner  as 
such  causes  are  tried  in  the  Court  of  Common  Pleas. 

116.  Criminal  and  civil  causes  come  before  them  on  ap- 
peal from  the  Common  Pleas ;  except  suits  in  equity,  and 
appeals  from  the  probate  courts ;  and  except,   also,  a  small 
number  of  cases,  which  originate  in  the  Supreme  Court. 

117.  The  four  judges,  or  a  majority  of  them,  hold  a  court 
in   different   parts  of  the   commonwealth,    for   the  several 
counties  (or  for  some  two  or  more  counties,  comprised  in 
one  jurisdiction  for  this  purpose),  once  in  every  year.     This 
session  is  held  for  the  trial  of  criminal  cases  in  which  the 
accused  may  be  condemned  to  death,  and  for  the  purpose  of 
deciding  those  questions  which  have  arisen  before  one  judge, 
and  which  have  been  reserved  for  the  decision  of  all  the 
judges.     Cases  are  reserved  'in  this  manner  : — A  question  of 
law  arises  in  a  jury  trial,  on  which  the  judge  is  not  prepared 
10  give  a  decisive  opinion.     He  declares  the  law  to  be  as  it 
then  seems  to  him  ;  but  he   may,  if  he  pleases,  reserve  the 
question  to  be  more  deliberately  considered  by  all  the  judges. 
'The  trial  goes  on,  and  the  jury  find  a  verdict.     The  facts 
found  by  the  jury,  and  the  question  of  law,  are  brought  be- 
t  jre  all  the  judges,  and  argued   by  counsel.     If  the  opinion 
given  at  the  trial  is  confirmed,  judgment  is  rendered  on  the 
verdict ;  otherwise,  a  new  trial  is  ordered.     Some  cases  are 
reserved  thus  : — The  judge  having  stated  the  law  to  the  jury, 
the  counsel  of  either  party,  who  thinks  the  law  to  have  been 
erroneously  stated,  moves  the  judge  to  reserve  the  case  for 
the  consideration  of  all  the  judges.     This  is  usually  done  ; 


POLITICAL  CLASS  BOOK.  43 

and  so  much  of  the  case  as  is  necessary  for  the  purpose  is 
brought  before  all  the  judges,  and  disposed  of  in  the  manner 
before  stated. 

Sometimes  parties  agree  on  a  statement  of  facts,  and  put 
them  in  writing,  and  the  court  hear  arguments,  and  decide 
thereon,  and  pronounce  such  judgment  as  the  case  requires. 
This  being  the  Supreme  Court,  it  has  the  power,  in  the  prop- 
er modes,  of  revising  the  proceedings  of  all  inferior  judicial 
tribunals,  and  of  correcting  all  errors.  The  judgments  ren- 
dered at  the  courts  held  by  all  the  judges,  are  those  which 
are  made  public  by  a  reporter,  in  printed  volumes.  These 
volumes  are  books  of  authority  ;  and  the  cases  in  them  are 
cited  by  counsel,  in  -arguing  causes,  and  are  referred  to  by 
the  court,  in  forming  and  delivering  their  judgments.  The 
reporter  is  appointed  by  the  court,  and  has  a  salary  (by  no 
means  too  great  for  his  services)  from  the  state  treasury. 

118.  No  other  mode  of  putting  a  convict  to  death  but  that 
of  hanging  is  provided  by  the  law  of  this  state.     Whipping, 
disfiguring  the  person,  sitting  on  the  gallows,  or  standing  in 
the  pillory,  branding,  &c.,  have  been  abolished  many  years : 
and  fines,  and  a  longer  or  a  shorter  imprisonment,  and  hard 
labor,  substituted. 

119.  The  duties  of  the  Supreme  Court  of  this  state  are 
exceedingly  laborious,  and  highly  responsible.      They   are 
performed  with  unsparing  diligence   and   faithfulness,   and 
with  eminent  ability.     While  such  tribunals  are  upheld,  and 
faithfully  supported  by  the  people,  property,  character,  liberty 
and  life  are  as  safe  as  human  society  permits ;  and  safe  from 
all  peril  but  that  which  the  united  military  strength  of  the 
citizens  cannot  successfully  resist. 

120.  This  court  exercises  judicial  powers  as  a  court  of 
equity,  or  chancery.    Equity  trials  are  conducted  without  the 
aid  of  a  jury.     In  most  actions  in  courts  of  law,  except  those 
which  are  brought  to  recover  possession  of  real  estate,  the 
object  is  to  recover  money  to  compensate  for  damage  done 
by  non-performance  of   some  contract,    or   for  the  having 
done  some  injury.     A  chancery  suit  arises  v.'here  a  party 
seeks  to  have  a  trust  executed ;  or  a  contract  performed  ac- 
cording to  its  terms ;  or  to  establish  that  some  fraud  has  been 
committed,  and  to  obtain  relief;  or  to  prevent  the  doing  of 
some  injurious  act,  until  the  right  at  law  can   be  tried  ;  and 
in  many  other  cases,  where  there  is  not  a  plain  and  adequate 
rsrnody  in  a  court  of  law.     A  chancery  suit  begins  by  pre- 
senting to  a  court  a  written  complaint,  called  a  bill  in  chan- 


44  POLITICAL  CLASS  BOOK. 

eery,  which  concludes  with  a  prayer,  that  the  party  complain- 
ed of  may  be  summoned  into  court,  and  make  his  answer 
on  oath.  A  trial  may  be  had  on  this  complaint  and  answer, 
and  nothing  else ;  or  either  party  may  introduce  any  evidence 
proper  in  the  case.  An  argument  is  had,  and  the  court 
pronounces  a  decree,  of  which  the  court  has  power  to  com- 
pel the  performance.  It  is  probable  that  the  increase  of  this 
sort  of  trials  will  make  it  expedient  for  the  legislature  to 
make  some  further  arrangement  for  the  exercise  of  judiciary 
power. 

121.  The  following  is  a  short  sketch  of  A  CAPITAL  TRIAL. 
It  has  been  supposed  to  have  been  so  called,  from  the  Latin 
word  caput,  which  means  head,  and  because  the  punishment 
was  beheading,  as  is  still  practised  in  Europe,  but  not  in 
any  state  of  this  Union.     Its  proper  meaning  is  supposed  to 
be  derived    from  using  the  word  capital  in  the  sense  of 
highest,  or  greatest,  meaning,  that  conviction  is  followed  by 
the  highest  punishment  which  can  be  inflicted,  viz.,  death. 
Thus  banishment  was  considered  by  the  Romans  a  capital 
punishment,  because  it  was  held  to  be  a  civil  death,  or  the 
loss  of  life  in  one's  native  country. 

The  prisoner,  being  in  jail,  is  led  therefrom  to  the  court 
room  by  officers.  He  may  be  secured,  if  necessary,  by  irons 
on  his  arms  and  ancles,  to  prevent  escape  or  violence.  But 
if  irons  are  used,  they  are  taken  off  before  he  is  placed  at 
"  the  bar,"  it  being  considered  improper  that  a  prisoner 
should  be  so  secured  in  the  presence  of  the  court.  The 
bar  is  formed  like  a  common  pew,  except  that  it  is  long 
and  narrow.  The  judges  sit  on  elevated  seats,  at  the  side 
or  end  of  the  room.  Before  them,  at  a  desk,  much  lower 
than  their  seats,  sits  the  clerk.  The  prisoner  is  placed  at 
the  bar,  fronting  the  judges  and  the  clerk.  There  are  two 
jury  seats,  one  on  each  side  of  the  room,  on  the  right  and 
left  of  the  judges.  The  space  between  the  two  jury  seats, 
and  between  the  clerk  and  the  prisoner,  is  occupied  by  the 
prisoner's  counsel,  and  the  members  of  the  legal  profession. 

122.  In  the  profound  silence  observed  in  the  room,  the 
clerk  rises,  and,  speaking  to  the  prisoner  by  his  name,  com- 
mands him  to  hold  up  his  right  hand,  and  to  hearken  to  an 
indictment  found  against  him  by  the  grand  inquest  (jury) 
of  the  county.     The  clerk  reads  the  indictment  in  a  slow 
and  clear  manner.     This  solemn  accusation  being  thus  made, 
the  clerk  demands  of  the  prisoner,  "  What  say  you  to  this 
indictment?  are  you  guilty,  or  not  guilty?"     The  prisoner 


POLITICAL  CLASS  BOOK.  45 

answers,  "Not  guilty.'' — The  clerk.  "How  will  you  be 
tried  ?" — Prisoner.  "  By  God  and  my  country."— Clerk. 
"  God  send  you  a  good  deliverance  !"  The  word  country 
means  the  laws  of  the  land  and  a  jury.  It  is  a  principle  of 
justice,  that  no  one  is  considered  to  be  guilty  until  he  is 
proved  to  be  so,  or  confesses  his  guilt.  The  time  of  trial 
may  be  sooner  or  later,  after  this  "  arraignment,"  as  it  is 
called,  of  the  prisoner.  To  arraign  means  to  put  in  order 
tor  trial. 

I '23.  When  the  day  of  trial  comes,  the  prisoner  is  brought 
in,  as  before,  and  placed  at  the  bar.  The  clerk  then  says, 
"  You  are  now  set  to  the  bar  to  be  tried,  and  these  good  men, 
whom  I  shall  call,  arc  to  pass  between  you  and  the  country. 
If  you  would  object  to  any  of  them,  you  must  do  it  as  they 
are  called,  and  before  they  are  sworn."  The  clerk  calls  a 
juror,  who  rises.  The  clerk  says,  "  Juror,  look  upon  the 
prisoner.  Prisoner,  look  upon  the  juror."  If  objected  to  by 
the  prisoner,  he  says,  "  I  challenge,"  and  the  juror,  is  set 
aside,  and  another  is  called ;  and  so  on,  till  twelve  are  select- 
ed and  sworn.  A  prisoner  may  challenge  twenty  jurors  with- 
out assigning  any  reason ;  and  as  many  more  as  he  can  show 
to  be  unfit,  from  prejudice,  partiality,  kindred,  or  from  hav- 
ing expressed  an  opinion,  or  any  other  cause  which  the  court 
thinks  to  be  a  disqualification.  When  the  jury  is  thus  "  im- 
panneled"  (a  panel  originally  meant  a  little  square  of  parch- 
ment, fitted  to  write  names  on),  the  clerk  reads  the  indict- 
ment, in  a  slow  and  solemn  manner,  to  the  jury,  to  make 
known  to  them  what  the  crime  charged  is,  and  when,  where, 
and  how  committed  :  and  then  says,  "  To  this  indictment  the 
prisoner  has  pleaded  '  Not  guilty ;'  and  for  trial  has  put  him- 
self on  the  country,  which  country  yqu  are.  Gentlemen, 
hearken  to  your  evidence." 

124.  The  attorney  or  solicitor  general    then  rises,  arid 
makes  his  statement  of  the  law  and  of  the  facts,  and  such 
remarks  thereon  as  the  case  requires,  to  inform  the  jury  of 
what  he  expects  to  prove.     The  witnesses  are  then  called, 
sworn  and  examined. 

125.  When  the  government's  side  of  the  case,  or  opening, 
is  done,  the  junior  counsel  for  the  prisoner  addresses  the  jury, 
and  warns  them  of  the  solemn  duty  in  which  they  are  en- 
gaged, and  presents  the  prisoner's  view  of  the  case,  and 
thereby  endeavors  to  controvert  the  law,  or  the  facts,  relied 
on   by  the  prosecutor.     He  then  calls  his  witnesses,  who  are 
s'.vorn  and  examined.     The  senior  counsel  for  the  prisoner 


46  POLITICAL  CLASS  BOOK. 

then  rises,  and  makes  his  argument  to  the  jury,  in  which  lie 
strives,  by  all  the  talent  and  eloquence  of  which  he  is  master, 
to  satisfy  the  jury  that  the  prisoner  is  innocent ;  that  the 
prosecutor  has  not  satisfactorily  proved  him  to  be  guilty ;  and 
that  the  jury  cannot  be,  and  ought  not  to  be,  satisfied,  on  the 
evidence  before  them,  beyond  all  reasonable  doubt  (which 
they  must  be  to  convict),  that  the  crime  is  proved  upon  the 
prisoner.  Such  is  the  duty  of  the  prisoner's  counsel,  although 
he  knows  the  prisoner  to  be  guilty.  The  question  to  be  tried 
and  decided  is,  whether  that  precise  act  was  done,  which  the 
indictment  charges  to  have  been  done.  It  can  be  judicially 
known  that  it  was  done,  only  by  producing  legal  proof  in  con- 
formity to  the  charge.  Suppose  the  charge  to  be,  that  the 
accused  committed  murder  by  strangling.  The  counsel  may 
know  that  the  prisoner  committed  murder,  but  not  in  that 
manner.  He  may  conscientiously  defend  against  the  charge 
as  made,  and  hold  the  prosecutor  to  prove  it.  The  counsel 
for  the  prisoner  is  followed  by  the  attorney  or  solicitor  gen- 
eral, who  reviews  the  whole  cause  again,  and  endeavors,  by 
his  learning  and  eloquence,  as  is  his  duty,  to  satisfy  the  jury 
of  the  guilt  of  the  accused,  by  doing  away  the  arguments  in 
defence. 

126.  When  he  has  concluded,  the  judges  in  succession, 
or  some  of  them,  as  they  see  fit,  address  the  jury,  and  state 
what  the  crime  alleged  is ;  what  the  law  thereon  is ;  what 
evidence,  on  one  side  and  on  the  other,  has  been  offered  ; 
that,  if  they  believe  the  evidence  as  stated,  one  way  or  the 
other,  so  they  are  to  find  the  prisoner  guilty  or  not  guilty. 
Then  the  jury  retire,  under  the  care  of  an  officer,  sworn  to 
keep  them  together,  and  apart  from  every  one.     Formerly, 
no  food,  or  refreshment  of  any  kind,  was  allowed  to  a  jury 
during  their  deliberation  ;  but  the  modern  practice  is  other- 
wise, under  the  permission  of  the  court.    While  they  are  pre- 
paring their  minds  for  a  verdict,  the  prisoner  is  taken  back  to 
the  jail,  and  the  court  adjourns.    Verdict  is  from  the  Latin  vcre , 
true,  and  dictum,  saying.     The  jury  are  to  return  a  true  say- 
ing on  the  matter  committed  to  them.     Their  saying  is  held 
to  be  conclusively  true.     But,  even  in  a  capital  case,  tried, 
as  it  is,  with  the  utmost  care  and  caution,  a  verdict  would  be 
set  aside,  if  it  were  made  to  appear,  that  it  would  be  unjust 
to  hold  it  to  be  true. 

127.  When  the  court  meets  again,  which  is  after  an  inter- 
val of  one  or  more  hours,  the  prisoner  is  again  brought  into 
court.      The  jury  resume  their  place.      Their  names  are 


POLITICAL  CLASS  BK)K.  47 


called,  and,  being  all  present,  the  cler^\  says,  "  Gentlemen, 
have  you  agreed  on  your  verdict  ?"  Some  one  of  the  jurors 
answers  that  they  have,  or  have  not,  in  which  latter  case 
other  proceedings  arise.  The  clerk  then  says.  Who  shall 
speak  for  you  ?"  Some  one  of  the  jury  answers,  "  The  fore- 
man. "  The  clerk  then  says,  "  Mr.  Foreman,  what  say  you  ? 
is  the  prisoner  at  the  bar  guilty  or  not  guilty  1  "  The  an- 
swer settles  the  fate  of  the  accused.  If  guilty,  the  prisoner 
is  taken  back  to  his  prison,  to  await  his  sentence  ;  if  not,  he 
is  discharged. 

128.  If  he  is  to  be  sentenced,  at  some  day  of  the  term  he 
is  brought  into  court,  placed  at  the  bar,  and   the  presiding 
judge  rises,  and  declares  to  him  the  crime  whereof  he  was 
accused  ;  that  he  has  been  tried,  and  in  what  manner  ;  and 
that  he  has  been  found  guilty  ;  and  demands  of  him,  whether 
he  has  any  thing  to  offer,  why  sentence  of  the  law  should  not 
be  pronounced.     This  inquiry  is  merely  formal,  because,  if 
there  be  any  sufficient  cause  for  arresting  the  sentence,  a  mo- 
tion will  have  been  made  by  counsel  to  that  effect,  before  the 
case  comes  to  this  stage.     It  sometimes  happens,  that  an  er- 
ror in  the  proceedings,  or  some  matter  of  fact,  is  disclosed 
after  verdict,  which  is  a  proper  ground  for  such  motion.     If 
no  such  motion  has  been  interposed,  the  judge  proceeds  to 
declare  to  the  prisoner  the  consequences  of  his  offence  against 
the  laws  of  his  Creator  and  of  society  ;  and  concludes  by  con- 
demning him  to  be  taken  from  the  place  where  he  stands,  to 
the  prison,  and  thence  to  the  place  of  execution,  and  there  to 
be  put  to  death.     The  record  of  the  trial  is  afterwards  certi- 
fied to  the  governor,  who  appoints  the  day,  and  sends  a  war- 
rant to  the  sheriff,  commanding  him  to  execute  the  criminal. 

129.  What  he  suffers,  whose  melancholy  case  it  is  to  have 
his  life  depending  on  "Guilty,"  or  "  Not  guilty:"  how  hope 
and  fear  alternately  arise  in  his  anxious  face  ;  with  what  in- 
tense interest  he  listens  :  how  earnestly  he  seizes  on  all  that 
can  cheer  him  ;  how  intently  he  gazes  on  the  face  of  the 
foreman,  who  is  to  answer  the  last  solemn  question  ;  and  how 
he  shrinks  beneath  the  awful  sentence  of  the  law,  —  can  be 
more  easily  imagined  than  described.     Death  by  disease,  by 
accident,  or  in  necessary  and  lawful  war,  or  even  by  old  age, 
cannot  come  without  deep  concern.     Condemnation  to  death, 
solemnly  declared  in  the  name  of  justice,  and  for  the  rea- 
son that  the  condemned  is  unfit  to  live,  is  an  exercise  of 
power,  which  is  the  highest  and  most  awful  that  can  be  ex- 
orcised by  human  authority. 


48  POLITICAL  CLASS  BOOK. 

CHAPTER  XII. 

Probate  Courts. — Removal  of  Judges. 

130.  IN  each  county  there  is  a  judge  of  probate  and  a 
register  of  probate.    The  judge  holds  courts,  and  the  register 
records  the  proceedings  of  the  court.     The  word  probate  is 
from  the  Latin  tongue.     It  means  proof.     Here,  it  is  a  word 
used  in  the  law  to  signify  the  act  of  proving  a  will,  that  i?, 
that  it  is  a  lawful  and  valid  instrument ;  but  this  court  set- 
tles estates  with  or  without  a  will. 

131.  On  the  decease  of  any  person,  who  leaves  a  will. 
written,  signed,  sealed  and  witnessed,  according  to  law,  the 
wiil  is  presented  to  the  judge  of  probate  of  the  county,  who 
causes  the  witnesses  of  these  acts  to  come  before  him.     if  he 
is  satisfied  that  the  person,  whose  will  it  is  said  to  be,  was  in 
such  a  state  of  mind,  when  the  will  was  executed,  as  to  be  ca- 
pable of  making  a  legal  disposal  of  his  estate,  and  if  the  wijl 
was  executed  as  the  law  requires,  he  approves  of  it,  and  al- 
iows  it  to  be  a  will ;  and  the  executors  therein  named  take 
the  oath  required,  aiid  give  bonds  to  execute  the  will. 

132.  If  there  be  no  will,  or  one  which  cannot  be  legally 
admitted  to  be  such,  an  administrator  is  appointed  on   the 
estate  of  the  deceased.    If  there  be  a  will,  and  no  one  is  name'.! 
therein  as  executor,  or  if  no  one  named  therein  as  executor 
will  act  as  such,  an  administrator  is  appointed  "with  the  will 
annexed  ;"  and  the  will  directs  the  mode  in  which  the  testator's 
property  is  to  be  disposed  of;  and  such  administrator  acts  as 
though  he  had  been  originally  named  as  executor.    An  admin- 
istrator takes  an  oath,  and   gives  a  bond,  with  sureties,  to 
proceed  according  to  law.     His  duty  is,  to  take  possession  of 
all   the  personal   estate  ;  to  sell  it,  pay  the  debts,  and  cause 
distribution  to  be  made  among  those  by  law  entitled  to  the 
residue,     If  the  personal  estate  is  insufficient  to  pay  debts, 
and  there  is  real  estate  which  belonged  to  the  deceased,  the 
law  enables  an  administrator  to  obtain  authority  to  sell  it,  and 
make  a  good  title  to  a  purchaser  :  and  the  proceeds  of  sale 
are  applied  to  pay  debts. 

133.  If  the  deceased  does  not  leave  estate  enough  to  pay 
his  debts,  the  creditors  share  the  proceeds  among  them,  ac- 
cording to  their  respective  claims.    In  this  case,  the  deceased 
is  said  to  have  died  insolvent.     This  word  is  from  the  Latin, 
and  means,  that  one  is  unable  to  pay  all  that  he  owes. 


POLITICAL  CLASS  BOOK.  40 

134.  All  acts  done  by  executors  and  administrators,  in  the 
settlement  of  estates,,  appear  by  rendering  accounts  to  the 
probate  judge;  who,. from  time  to  time,  makes  such  orders 
and  decrees  as  the  case  requires.    In  all  probate  proceedings, 
interested  parties  are  to  be  notified,  that  they  may  appear  in 
court,  and  examine  for  themselves,  and  make  objection,  if 
any  error  has  arisen.     The  judgments,  decrees  and  orders 
are  recorded  by  the  register  ;  and  any  party,  who  considers 
himself  to  be  aggrieved,  is  entitled  to  an  appeal  to  the  Su- 
preme Judicial  Court,  which  is  the  Supreme  Court  of  Probate 
for  the  whole  state.     In  this  court  the  proceedings  are  re-ex- 
amined, and  corrected  if  wrong,  and  returned  to  the  Court 
of  Probate  to  be  further  acted  on,  as  the  Supreme  Court  may 
have  ordered,  in  deciding  on  the  appeal.     There  are  proper 
provisions  when  a  judge   happens  to  be   personally   inter- 
ested. 

135.  The  settlement  of  the  estates  of  deceased  persons 
involves  a  great  variety  of  interests,  affecting  widows,  chil- 
dren, heirs,  legatees,  devisees  and  creditors.     Difficult  ques- 
tions sometimes  arise,  especially  as  to  the  meaning  of  wills  ; 
and  sometimes  interested  parties  are  obliged  to  resort  to  the 
Supreme  Court  to  settle  their  rights.     But,  with  such  excep- 
tions, the  settlement  of  estates  is  effected  with  promptness 
and  justice  ;  and  with  as  much  economy  as  can  be,  consist- 
ently with  obtaining  the  right  result ;  and  with  less  expense 
and  delay  than  occur  in  most  other  governments.    Expensive 
suits  often  occur  between  members  of  the  same  family,  on  the 
meaning  of  wills.     A  will  can  be  expounded  only  from  the 
words  in  which  it  is  expressed.     Want  of  certainty  in  its 
meaning,  may  occasion  great  difference  of  opinion  among  in- 
terested parties.     A  testator  often  lays  the  foundation  for  bit- 
ter contention,  where  he  meant  to  secure  peace.     One  who 
puts  off  the  making  of  a  will  because  lie.  can  do  it  at  any  time, 
runs  some  risk  of  never  doing  it ;  or  of  having  to  do  it  when 
not  in  health,  but  while  he  is  under  the  visitation  of  mortal 
disease  ;  and  the  risk,  also,  of  being  obliged  to  rely  on  a 
scribe  incompetent  to  such  duty,  even  if  there  were  no  call 
for  despatch.     Wills  should  be  executed  in  the  presence  of 
respectable  witnesses,  who  have  no  sort  of  interest  in  the  tes- 
tator's estate,  nor  in  his  disposal  of  it. 

136.  Removal  of  Judges.    The  constitution  properly  con- 
templates the  possibility  that  a  judicial  officer  may  become  an 
unfit  person  to  hold  his  station  ;  and  that  the  public  good  may 
require   his  removal.      There   are  two   modes  of  removal. 

5 


50  POLITICAL  CLASS  BOOK. 

Wherever  a  case  arises,  in  which  a  majority  of  both  branches 
of  the  legislature  concur  in  an  opinion  that  a  judge  ought  to 
be  removed,  they  may  express  that  opinion  to  the  governor  in 
the  form  of  an  address.  The  address  would  set  forth  the 
reasons  for  making  it.  Such  a  measure  ought  not  to  be  re- 
sorted to,  without  having  notified  the  interested  party  of  the 
intention  to -pursue  it,  nor  without  giving  him  an  opportunity 
to  be  heard,  in  repelling  the  grounds  on  which  his  removal  is 
proposed.  If  such  address  be  made,  and  the  governor  is  of 
opinion  that  it  ought  to  be  complied  with,  the  officer  is  ac- 
cordingly removed  by  the  governor,  with  consent  of  the  coun- 
cil, and  the  vacant  place  supplied. 

137.  The  other  mode  of  removal  from  judicial  office  is  by 
impeachment  by  the  House  of  Representatives,  and  trial  be- 
fore the  Senate.  This  kind  of  trial  is  provided  for  in  the 
state  constitution,  for  all  officers  of  the  commonwealth,  who 
are  charged,  by  the  House  of  Representatives,  with  miscon- 
duct and  maladministration  in  their  offices.  For  example,  a 
magistrate  receives  money  for  giving  a  judgment,  and  con- 
demns the  innocent,  or  acquits  the  guilty ;  and  thereupon  a 
complaint  is  made,  by  petition  or  memorial,  to  the  House  of 
Representatives.  The  House  choose  a  committee  to  inquire 
into  the  matter,  and  if  they  report  that  the  complaint  is  well 
founded,  a  committee  is  appointed  to  prepare  an  accusation 
in  writing,  which  is  called  "  Articles  of  Impeachment."  The 
House  chooses,  from  among  their  own  number  (usually),  five 
managers,  to  conduct  the  trial.  They  carry  the  articles  to 
the  Senate,  and  inform  them  that  the  House  impeach  such 
an  officer,  and  for  such  cause,  and  request  the  Senate  to  pro- 
ceed thereon.  The  president  answers,  that  proper  order  will 
be  taken  on  the  subject.  The  accused  is  summoned.  The 
senators  are  organized  as  a  court,  by  taking  the  proper  oath. 
A  time  is  fixed  for  the  trial.  The  House  of  Representatives 
attend.  The  accused  is  assisted  by  counsel,  and  the  trial 
proceeds  as  in  common  law  courts.  If  questions  arise  in 
which  a  discussion  is  necessary  among  the  senators,  they  re- 
tire. When  they  return  to  their  seats,  the  question  is  put  to 
each  senator  (as,  for  example,  whether  evidence  proposed, 
and  objected  to,  shall  be  received),  who  answers,  Yes,  or  No, 
and  a  majority  decides.  When  the  whole  matter  has  been 
heard,  the  senators  retire  and  deliberate,  as  juries  do.  Hav- 
ing resumed  their  places,  the  president  asks  each  senator,  as 
to  each  article,  whether  the  accused  is  guilty  or  not  guilty. 
The  question  is  answered,  without  giving  any  reason  for  the 


POLITICAL  CLASS  BOOK.  51 

opinion.  If  a  majority  answer,  Guilty,  on  any  article,  the 
Senate,  by  their  president,  pronounce  sentence,  which  may 
be  suspension  from  office  for  a  time  or  for  life,  or  removal 
from  office,  and  disqualification  for  life  to  hold  any  office. 
This  is  the  extent  of  sentence  which  this  court  can  pronounce. 
Besides  being  removed,  the  accused  may  be  tried  for  the  same 
offence  on  indictment,  and  punished,  in  a  court  of  justice,  if 
the  case  be  one  which  demands  a  punishment  beyond  that 
which  the  Senate  can  impose.  There  have  been  six  im- 
peachments since  the  adoption  of  the  constitution.  The  re- 
sults were,  1.  removal  from  office  ;  2.  suspension  one  year  ; 
3.  removal  and  disqualification*  for  life  :  4.  removal  from  of- 
fice ;  5.  not  guilty ;  6.  not  guilty. 


CHAPTER  XIII. 

The  State  Governments. 

138.  ALL  the  state  governments  are  representative  repub- 
lics. All  of  them  are  conducted  in  conformity  to  written 
constitutions,  adopted  by  the  people,  in  each  state,  excepting 
in  Rhode  Island,  where  the  ancient  colonial  charter  is  yet  in 
force.  The  like  effects  are  obtained  in  each  state,  by  the 
exercise  of  political  power.  Each  one  has  a  legislative,  ex- 
ecutive and  judicial  branch,  and  its  own  modes  of  exercising 
power  in  these  several  departments.  The  distinctions  existing 
among  the  state  governments  are  found  in  the  qualifications 
of  the  electors,  and  of  the  elected  ;  in  the  origin  and  duration 
of  office  ;  in  the  limitation  of  the  powers  which  may  be  exer- 
cised ;  and  in  peculiar  constitutional  provisions ;  and,  espe- 
cially, in  the  character  of  legislation  in  each  state.  It  is  in- 
tended to  show,  in  this  chapter,  the  prominent  features  of 
each  constitution,  and  the  striking  peculiarities  in  each.  It 
would  not  be  expedient,  if  it  could  be  done,  to  set  forth  the 
interior  policy  of  each  state,  because  this  depends  on  laws 
which  are  subject  to  be  amended  or  repealed.  The  manner 
in  which  republican  government  is  administered  in  this  coun- 
try, appears  from  the  examination  of  the  Massachusetts  con- 
stitution, and  of  the  powers  exercised  under  it ;  and  will  fur- 

*  This  disqualification  was  afterwards  removed  by  the  governor,  who  has 
this  power  in  cases  of  impeachment,  as  well  as  in  all  others.  In  some  states, 
this  power  (in  impeachments)  is  reserved  to  the  legislature. 


52  POLITICAL  CLASS  BOOK. 

ther  appear  by  examining  the  national  constitution.  It  is 
supposed  that  instructors  can  easily  make  known  to  their  pu- 
pils the  manner  in  which  political  power  is  exercised  in  their 
respective  states.  After  having  noticed,  in  the  mode  now 
proposed,  the  several  constitutions,  a  short  comparative  view 
of  them  will  be  added.  In  the  extensive  territories  of  the 
West,  new  constitutions  will  be  formed,  and  existing  ones  will 
sometimes  need  amendments  ;  and  whatever  may  have  been 
done,  hi  any  state,  on  the  important  subject  of  framing  a  po- 
litical system,  must  be  interesting  to  those  who  are  about  to 
undertake  any  similar  measures.  To  this  consideration  may 
be  added,  that  the  people,  in  each  state,  are  interested  to 
know  in  what  manner  those  of  other  states  aie  governed, 
since  the  people  of  all  the  states  are  united  together  for  their 
common  security  and  welfare. 

139.  State  of  MAINE.     The  constitution  dated  in  1819. 

Legislature.  House  of  Representatives  chosen  i»  towns, 
in  proportion  to  number  of  inhabitants.  Citizens,  who  have 
been  such  five  years,  and  resident  in  the  state  one  year,  are 
eligible.  Senate  of  twelve,  of  like  qualifications,  and  twenty  - 
five  years  of  age  ;  chosen  in  districts,  in  proportion  to  the 
number  of  inhabitants  therein.  Annual  election.  Meeting, 
first  Wednesday  of  January. 

Executive.  A  governor,  chosen  annually  by  the  people. 
Same  qualifications  as  senators,  except  thirty  years  -of  age. 
A  council  of  seven,  chosen  in  convention  of  House  and  Sen- 
ate. The  executive  has  the  power  of  appointment  and  par- 
don, and  a  qualified  negative  on  legislative  acts,  as  in  Mas- 
sachusetts. Removable  by  impeachment.  President  of  the 
Senate  acts  as  governor  in  case  of  vacancy. 

Judiciary.  Supreme  Judicial  Court,  and  county  courts. 
Judges  appointed  and  removable  as  in  Massachusetts  ;  dis- 
qualified at  the  age  of  seventy. 

Voters.  The  qualifications  are  so  inconsiderable,  that  suf- 
frage may  be  said  to  be  universal. 

Maine  'is  supposed  to  have  derived  its  name  from  a  prov- 
ince in  France.  Originally  a  settlement  by  itself.  United 
to  Massachusetts  in  1652 ;  included  in  Massachusetts  colo- 
nial charter  of  1691.  Separated  from  Massachusetts  in  1820, 
by  a  law  of  the  state,  and  a  law  of  Congress.  The  constitu- 
tion has  a  declaration  of  rights.  Religious  freedom  is  pro- 
vided for ;  there  is  no  religious  test  in  oaths  of  office. 
[Square  miles,  32,000.] 


POLITICAL  CLASS  BOOK.  & 

140.  State  of  NEW  HAMPSHIRE.     Constitution  adopted  in 
1792.     It  has  a  declaration  of  rights. 

Legislature.  Vested  in  a  General  Court  of  two  branches, 
House  of  Representatives  and  Senate.  Representatives  are 
chosen  in  towns,  in  proportion  to  ratable  polls ;  must  have 
been  inhabitants  two  years  ;  must  have  estate  of  ^100,  half 
of  which  is  freehold.  Senate  of  twelve.  Senators  must  have 
been  residents  in  the  state  seven  years  ;  must  have  freehold 
of  c£200 ;  must  be  thirty  years  of  age.  They  are  chosen  in 
districts,  in  proportion  to  amount  of  taxes  paid  therein.  All 
elections  for  one  year.  Meeting,  first  Wednesday  in  June. 

Executive.  A  governor.  He  must  have  an  estate  of  £500, 
half  of  it  freehold  ;  like  residence  as  senators.  A  council  of 
five,  chosen  by  the  people.  Executive  powers  and  duties  the 
same  as  in  Maine.  Removable  by  impeachment.  President 
of  the  Senate  acts  as  governor  in  case  of  vacancy. 

Judiciary.     The  same  as  in  Maine. 

Electors.  Residence  and  payment  of  taxes  ;  but,  practi- 
cally, universal  suffrage. 

Legislature  empowered  to  provide  by  law  for  maintenance 
of  religious  worship.     No  religious  test. 
[Square  miles,  9,280.] 

141.  State  of  MASSACHUSETTS.     In  this  notice  of  states, 
some  things  are  added  which  were  omitted  in  the  chapters  on 
this  state. 

Legislature.  Representatives  are  required  to  have  been 
resident  one  year  in  the  town  in  which  they  are  chosen  ;  and 
to  have  a  freehold  of  c£100,  or  a  taxable  estate  of  £200. 
Senators  are  required  to  have  been  resident  five  years  in  the 
district  in  which  they  are  chosen  ;  and  to  have  a  freehold  of 
o£300,  or  taxable  estate  of  .£600. 

Executive.  The  governor  and  lieutenant  governor  are  re- 
quired to  have  been  seven  years  resident  in  the  state,  and  to 
have  a  freehold  estate  of  .£1000,  and  to  be  of  the  Christian 
religion,  though  there  is  no  religious  test  in  oaths  of  office. 

Electors.  Residence  and  payment  of  taxes  ;  but  this  is, 
practically,  universal  suffrage. 

[Square  miles,  7,800.] 

142.  State  of  VERMONT.     Constitution  adopted  in  1793. 
It  has  a  declaration  of  rights. 

Legislature.  Vested  in  a  House  of  Representatives,  styled 
the  General  Assembly.  Members  are  qualified  by  two  years' 


54  POLITICAL  CLASS  BOOK. 

residence  in  the  state,  and  one  in  the  town  represented. 
Annual  elections.  Meeting,  second  Tuesday  of  October 
No  Senate.  Legislative  acts  are  subject  to  the  revision  of 
the  executive  branch,  which  can  propose  amendments,  and 
suspend  a  proposed  law  till  the  next  legislature. 

Executive  is  vested  in  a  governor,  lieutenant  governor  and 
council  of  twelve,  all  chosen  by  the  people  for  one  year.  In 
council,  the  governor  is  only  presiding  officer,  with  a  casting 
vote. 

Judiciary.  Judges  of  the  Supreme  and  county  courts 
may  be  elected  annually  by  the  House  of  Representatives,  in 
conjunction  with  the  executive  branch. 

Electors.  Their  qualifications  amount  to  universal  suf- 
frage. 

Vermont  has  its  name  from  two  words  in  another  language, 
meaning  green  and  mountain.  Its  bill  of  rights  provides  that 
neither  of  the  branches  shall  exercise  the  powers  of  the 
other  ;  yet  the  executive  is  a  concurrent  part  of  the  legisla- 
ture, and  the  court  for  the  trial  of  impeachments.  Once  in 
seven  years,  thirteen  censors  are  chosen,  who  examine,  during 
one  year,  all  departments  of  the  government :  they  have  power 
to  order  impeachments,  and  to  call  a  convention  of  the  people 
Religious  freedom  is  provided  for. 

[Square  miles,  10,212.] 

143.  State  of  CONNECTICUT.  Constitution  adopted  in 
1818 ;  till  which  time  it  was  governed  under  the  colonial 
charter  ;  has  a  declaration  of  rights. 

Legislature.  General  Assembly,  composed  of  House 
of  Representatives  and  Senate  of  twelve.  Representatives 
chosen  in  towns,  according  to  numbers ;  senators  by  gen- 
eral ticket.  The  citizens  are  styled  in  the  constitution  elec- 
tors ;  and  all  white  male  citizens  are  such,  who  are  resident 
citizens  for  six  months,  and  have  a  freehold  of  seven  dollars 
yearly  value  ;  or  who  have  done  militia  duty  a  year,  or  paid 
a  tax.  Electors  are  entitled  to  vote  for  all  officers,  and  are 
eligible  themselves  to  any  office.  All  elections  annual. 
Meeting,  first  Wednesday  of  May. 

Executive.  A  governor,  chosen  by  the  people  for  one 
year.  No  council.  Some  appointments  are  made  by  nomi- 
nation of  governor  to  the  Senate.  Governor  has  negative,  as 
in  Massachusetts.  Can  reprieve,  but  cannot  pardon,  that  pow- 
er residing  in  the  legislature.  Removable  on  impeachment. 
Lieutenant  governor  is  president  of  the  Senate. 


POLITICAL  CLASS  BOOK.  55 

Judiciary.  Judges  chosen  by  the  legislature.  Removable 
as  in  Massachusetts,  Disqualified  at  seventy, 

In  this  state,  entire  freedom  of  religion  is  secured.  There 
is  no  religious  test  in  office.  The  constitution  recognizes  the 
existence  of  a  large  school  fund,  and  provides  for  its  perpetu- 
ity. [Square  miles,  4,674.] 

144.  State  of  RHODE   ISLAND.     The  government  of  this 
state  has  been  continued,  hitherto,  under  the  charter  granted 
by  Charles  II.  in  1663.     The  grant  was  to  a  company,  com- 
prising a  governor,  deputy  governor  and  council.     To  this 
branch  has  been  added  a  House  of  Representatives,  chosen  by 
the  people,  in  towns ^  and  a  judiciary  department,  the  judges 
of  which  are  chosen  annually  by  the  people.     The  adminis- 
tration of  the  government  is  carried  on  by  the  legislative  and 
executive  departments,  according  to  the  construction  given  to 
the  charter  by  usage.     The  powers  of  the  governor  are  very 
limited.     There  is  perfect  freedom  as  to  religious  opinions. 
No  religious  test.     Suffrage  is  universal. 

[Square  miles,  1,360.] 

145.  State  of  NEW  YORK.     This  state  adopted  a  constitu- 
tion in  1777,  and  amended  it  in  1801.     A  new  constitution 
was  adopted  in  1821.    The  seventh  article  enumerates  rights, 
and  defines  powers.     This  state  is  divided  into  counties,  and 
the  counties  into  towns,  as  in  New  England. 

Legislature.  Vested  in  a  House  of  Representatives,  call- 
ed the  Assembly,  and  in  a  Senate.  The  House  is  limited  to 
the  number  of  one  hundred  and  twenty-eight  members. 
The  state  is  divided  into  districts,  by  law,  among  which  these 
one  hundred  and  twenty-eight  are  apportioned.  The  Senate 
is  composed  of  one  fourth  of  that  number  (or  thirty-two), 
who  are  chosen  in  eight  districts,  four  senators  in  each. 
Representatives,  and  owe  fourth  of  senators,  chosen  annually. 
The  representatives  must  be  citizens  resident  for  a  certain 
term,  and  the  senators  also,  and  the  latter  must  be  free- 
holders. Meeting,  first  Tuesday  in  January. 

Executive.  Vested  in  a  governor,  chosen  biennially  He 
must  be  a  native  citizen,  must  be  thirty  years  of  age,  a  free- 
holder, and  resident  in  the  state  five  years.  No  council. 
Governor  nominates  judicial  and  executive  officers  to  the 
Senate  ;  has  a  qualified  negative,  and  power  of  pardoning, 
except  in  treason. — The  governor  and  lieutenant  governor 


56  POLITICAL  CLASS  BOOK. 

are  chosen  in  virtue  of  having  the  highest  number  of  votes 
among  those  voted  for,  though  it  be  not  a  majority  of  the 
whole.  This  is  called  election  by  plurality,  from  the  word 
plus,  more  ;  that  is,  from  having  more  votes  than  any  other  can- 
didate. Removable  by  impeachment.  Lieutenant  governor 
is  president  of  the  Senate. 

Judiciary.  This  branch  of  government  comprises  many 
tribunals.  It  would  require  more  space  than  can  be  given 
to  this  object,  to  define  the  powers  of  each : — 1.  The 
court  for  the  trial  of  impeachments,  and  correction  of  errors, 
is  composed  of  the  lieutenant  governor,  the  senate,  the  chan- 
cellor, the  chief  justice,  and  the  two  justices  of  the  Supreme 
Court.  This  court  revises  the  decrees  of  the  chancellor  on 
appeal,  and  the  judgments  of  the  Supreme  Court  on  writs  of 
error. — 2.  A  chancellor,  who  has  jurisdiction  throughout  the 
state  in  equity  cases. — 3.  The  Supreme  Court  of  common  law 
jurisdiction  is  composed  of  three  judges  (by  the  constitution). 
—4.  Circuit  Courts.  The  state  is  divided  into  eight  circuits, 
in  each  of  which  one  judge  tries  common  law  cases,  and  ex- 
ercises chancery  power  to  some  extent. — 5.  There  are  divers 
county  courts,  of  civil  and  criminal  jurisdiction. — 6.  The  city 
of  New  York  has  a  Superior  Court  of  common  law  jurisdic- 
tion/or the  city ;  and,  besides  its  proportion  of  terms  of  oth- 
er courts,  in  general,  it  has  many  tribunals  peculiar  to  itself. 
— 7.  Probate  courts  are  held  by  a  surrogate,  a  term  borrow- 
ed from  English  law.  Anciently,  bishops  had  the  exclusive 
right  to  settle  the  estates  of  the  deceased.  Surrogate  means 
the  deputy  of  the  bishop,  and  is  equivalent  to  judge  of  pro- 
bate.— 8.  Justices  of  the  peace  are  chosen  by  the  people,  in 
their  respective  towns,  to  serve  for  four  years.  A  justice  be- 
coming an  innholder  is  thereby  disqualified. — Judges  are  re- 
movable on  address  of  two  thirds  of  the  Assembly  and  majority 
of  Senate^  and  by  impeachment,  arid  are  disqualified  at  sixty 
years  The  English  forms  of  practice  still  prevail  in  this 
state  ;  in  most  other  states,  they  were  not  adopted,  or  have 
been  much  simplified. 

The  constitution  provides  for  religious  independence. 
No  test  oath  is  required. 

Electors.  The  qualifications  required  in  1821  were  abol- 
ished in  Nov.  1826 ;  and  this  great  and  populous  state 
adopted  the  principle  of  universal  suffrage.  Free  colored 
people,  only,  must  be  freeholders  to  be  electors. 

146.  Further  constitutional  Provisions. — 1.  The  truth  may 


POLITICAL  CLASS  BOOK.  57 

be  given  in  evidence  to  the  jury,  in  all  prosecutions  or  indict- 
ments for  libels.  If  the  matter  alleged  to  be  libellous  is 
found  to  be  true,  and  to  have  been  published  with  good  mo- 
tives, and  for  justifiable  ends,  the  party  shall  be  acquitted , 
and  the  jury  shall  have  the  right  to  determine  the  law  and 
the  fact. — 2.  A  school  fund  is  created  out  ofiproceeds  of  sales 
of  public  lands  ; — 3.  And  another  fund  for  internal  improve- 
ment, in  opening  communications  between  the  lakes  and  the 
ocean. — 4.  Lotteries  are  prohibited. — 5.  The  clergy  are  inca- 
pable of  holding  civil  or  military  offices. — 6.  All  votes  for  any 
elective  office,  which  are  given  by  the  legislature  or  the  peo- 
ple for  the  chancellor,  or  a  justice  of  the  Supreme  Court,  or 
circuit  judge,  during  his  continuance  in  office,  are  void. 
[Square  miles,  46,000.] 

147.  State  of  NEW  JERSEY.  The  constitution  of  this 
state  was  established  the  -second  of  July,  1776  (two  days  before 
the  declaration  of  independence).  It  was  formed  on  the 
supposition  that  the  colony  might  again  be  taken  under  the 
protection  of  the  British  crown.  It  has  continued  to  the 
present  time,  without  any  amendment,  except  that  of  chang- 
ing the  word  colony  for  state. 

Legislature.  Vested  in  a  Council  and  General  Assembly. 
The  Council  consists  of  one  member  from  each  county,  worth 
at  least  c£1000  ;  and  in  the  Assembly,  of  three  members  from 
each  county,  worth,  at  least,  .£500.  'Power  is  given  to  the 
legislature  to  apportion  the  representatives  in  counties. 
Time  of  meeting,  second  Tuesday  next  after  the  second  Tues- 
day of  October  annually. 

Executive.  The  governor  is  chosen  by  the  legislature  an- 
nually. He  presides  in  the  Council,  is  chancellor,  military 
chief,  and  surrogate  general.  Vice  president  of  Council  is 
successor  in  case  of  vacancy.  The  governor  and  Council 
are  a  Court  of  Appeals.  The  pardoning  power  is  Vested  in 
this  body. 

Judiciary.  Judges  of  Supreme  Court  are  chosen  by  the 
legislature  for  seven  years ;  other  judges  by  the  same,  for 
shorter  term.  Removable  by  impeachment. 

Voters  must  be  citizens  resident  one  year,  and  worth  .£50. 
Religious  freedom,  and  exemption  from  taxation  for  support 
of  worship,  established.  No  bill  of  rights. 

Remarks.     This  constitution   is  remarkable  for  the  min- 
gling of  different  powers  in  one  branch. 
[Square  miles,  6,900.] 


58  POLITICAL  CLASS  BOOK. 

148.  State  of  PENNSYLVANIA.     This  state  took  its  place  as 
a  colony  in  1682,  and  its  name  from  Penn,  its  original  pro- 
prietor.    It  went  through  the  revolution  under  its  original 
charter.     The  present  constitution  was  established  in  1790, 
and  has  not  since  been  amended.     It  has  a  declaration  of 
rights  „ 

Legislature.  General  Assembly,  composed  of  Senate  and 
House  of  Representatives.  Senate  is  not  to  be  more  than 
one  third,  nor  less  than  one  fourth  of  the  House,  chosen  in 
districts  apportioned  on  the  number  of  taxable  inhabitants 
therein.  The  House  to  be  not  less  than  sixty,  nor  more  than 
one  hundred,  chosen  in  districts  on  the  same  ratio  as  sena- 
tors. Qualifications  are,  age  of  twenty-five  years,  citizen- 
ship and  residence.  Representatives  chosen  annually  ;  sen- 
ators for  four  years,  one  fourth  renewed  annually.  Meeting, 
first  Tuesday  of  December. 

Executive.  The  governor  is  chosen  by  the  people  trienni- 
ally,  and  can  be  chosen  only  thrice  in  twelve  years.  No  lieu- 
tenant governor.  No  council.  He  has  the  uncontrolled  power 
of  appointment  of  all  officers,  with  remarkably  few  exceptions. 
The  president  of  the  Senate  succeeds  on  vacancy.  The  only 
qualifications  required  are  citizenship,  and  residence  in  the 
state  seven  years  next  before  election.  Pardoning  power,  ex- 
cept in  cases  of  impeachment. 

Judiciary.  Vested  in  Supreme  Court,  and  inferior  courts. 
Judges  are  appointed  by  the  governor  during  good  behavior. 
Removable  on  impeachment,  or  by  address  to  the  governor 
by  two  thirds  of  the  legislature.  No  court  of  chancery.  No 
court  of  errors. 

Voters.  Citizenship,  two  years'  residence,  payment  of 
taxes  ;  supposed  to  be,  practically,  universal  suffrage. 

Remarks.  The  constitution  of  this  state  is  supposed  to  be 
the  least  complicated  of  any  in  the  Union.  It  has  no  pecu- 
liar provisions,  except  in  the  importance  which  is  attached  to 
the  choice  of  sheriffs  and  coroners  by  the  people.  The  most 
unqualified  religious  freedom  has  prevailed  in  this  state  from 
its  earliest  settlement. 

[Square  miles,  43,950.] 

149.  State  of  DELAWARE.     This  state  acted  under  the  co- 
lonial charter  till  1792.    It  then  adopted  a  constitution,  which 
goes  much  into  detail ;  and  which  has  not  been  amended, 
except  in  one  judicial  article,  adopted  in  the  year  1802.     It 
has  a  declaration  of  rights. 


POLITICAL  CLASS  BOOK.  W 

Legislature.  General  Assembly,  consisting  of  Senate  and 
House.  The  former  never  less  than  one  third,  nor  more 
than  one  half  of  the  latter.  Members  of  each  apportioned  on 
counties,  with  power  in  two  thirds  of  each  branch,  to  increase 
the  number  in  counties.  Citizenship,  residence  and  freehold 
estate  required.  Senators  are  chosen  for  three  years ;  rep- 
resentatives annually.  Meeting,  first  Tuesday  of  January. 

Executive.  Governor,  chosen  by  the  people  for  three 
years  ;  citizenship,  and  age  of  thirty-six  years  ;  ineligible  for 
more  than  three  years  in  six.  Has  the  uncontrolled  appoint- 
ment of  all  officers ;  and  the  pardoning  power,  except  in 
impeachments.  He  is  succeeded  by  the  "speaker"  of  the 
Senate,  on  vacancy. 

Judiciary.  The  constitution  provides  minutely  for  the  ex- 
ercise of  judicial  power.  The  courts  are  numerous.  Judges 
are  appointed  during  good  behavior.  Removable  on  im- 
peachment, or  address  of  two  thirds  of  both  branches.  No 
disqualification  by  age. 

Voters.     White  citizens  ;  residence  and  payment  of  taxes 
amounting,  probably,  to  universal  suffrage. 

Further  Provisions.  Religious  freedom.  Members  of  the 
legislature  cannot  be  appointed  to  any  office  created,  or  the 
emoluments  of  which  have  been  increased,  while  they  were 
such.  The  governor  may  be  removed  for  inability,  by  two  thirds 
of  both  branches. 

[Square  miles,  2,068.] 

150.  State  of  MARYLAND.  The  constitution  of  this  state 
was  adopted  in  1776.  It  vests  in  the  legislature  the  power 
of  making  amendments  by  proposed  acts,  which  shall  be  pub- 
lished three  months  before  the  meeting  of  the  next  legisla- 
ture, and  if  confirmed,  amendments  are  thereby  effected. 
This  power  has  been  frequently  exercised,  and  the  constitu- 
tion has  been  amended,  and  may  be  further  amended  in  like 
manner.  There  is  a  declaration  of  rights. 

Legislature.  Senate  and  House  of  Delegates.  Senators 
are  chosen  for  five  years,  by  electors,  who  are  chosen  in  coun- 
ties. Citizenship,  age  of  twenty-five  years,  and  three  years' 
residence.  Delegates,  citizenship,  and  one  year's  residence. 
Chosen  by  the  people  annually.  Meeting,  first  Monday  in 
December. 

Executive.  Governor,  chosen  by  the  joint  ballot  of  legis- 
lative branches  for  one  year ;  may  be  chosen  three  years  suc- 
cessively, and  is  then  ineligible  for  four  years;  must  be 


60  POLITICAL  CLASS  BOO    . 

twenty-five  years  of  age,  and  a  resident  citizen  five  years. 
Succeeded  by  a  member  of  council  in  case  of  vacancy. 
There  is  an  executive  council  of  five,  chosen  by  the  people. 
Power  of  pardoning  in  all  cases,  except  where  the  laws  shall 
otherwise  direct. 

The  Judiciary.  Judges  are  appointed  by  governor  and 
council,  and  removable  by  address  of  two  thirds  of  legisla- 
ture, and  by  conviction  on  indictment  in  a  court  of  justice, 
and  not  by  impeachment. 

Voters.     Universal  suffrage. 

Remarks.  There  are  two  provisions  to  be  noticed  :  1 .  the 
power  of  amending  the  constitution,  independently  of  the  ex- 
press vote  of  the  people  ;  2.  the  removal  of  judges  on  convic- 
tion. Popular  elections  are  made  by  plurality  of  votes.  Foi 
merly,  voting  was  viva  vocc,  or  declaration  at  the  place  of 
voting,  by  the  voter,  of  the  person  by  him  voted  for.  This 
mode  of  voting  has  been  abolished  in  some  parts  of  the  state, 
if  not  in  all.  No  declaration  of  religious  belief  is  required, 
and  religious  freedom  is  established. 

[Square  miles,  10,800.] 

151.  Statr,  of  VIRGINIA.  In  1830,  the  constitution  of 
this  state  was  amended  by  the  agency  of  its  selected  citizens 
(among  whom  were  two  ex-presidents,  and  the  chief  justice 
of  the  United  States),  who  had  many  and  important  interests 
to  adjust  and  to  harmonize.  It  has  a  declaration  of  rights. 
The  grievances  set  forth  in  the  Declaration  of  Independent?. 
are  recited  in  a  preamble,  after  the  lapse  of  more  than  half  a 
(cntury. 

Legislature  is  called  the  General  Assembly,  composed  of  a 
{louse  of  Delegates,  of  one  hundred  and  thirty-four  members, 
apportioned  in  four  great  districts  ;  and  of  a  Senate  of  thirty- 
AVO,  apportioned  in  two  greater  districts.  Members  of  the 
House  are  chosen  annually  by  the  people  ;  of  the  Senate,  one 
fourth  are  annually  renewed  by  popular  election.  Members 
)f  both  branches  must  be  freeholders.  Meeting,  annual ; 
tonstitution  does  not  appoint  the  day. 

Executive.  The  governor  is  chosen  for  three  years,  by  the 
AVO  branches  of  the  legislature,  and  is  eligible  but  once  in  six 
years.  Citizenship,  and  residence,  and  age  of  thirty.  A 
council  of  three,  chosen  as  the  governor  is,  the  senior  of 
whom  is  lieutenant  governor.  The  council  are  chosen  for 
three  years,  but  one  of  their  number  is  annually  renewod. 
The  power  of  pardoning. 


POLITICAL  CLASS  BOOK.  61 

Judiciary,  Judges  and  attorney  general  are  chosen  by  tho 
joint  vote  of  the  two  branches,  during  good  behavior,  and 
are  removable  on  address,  or  impeachment. 

Voters.  White  male  citizens.  The  qualifications  are 
specially  set  forth,  and  all  persons  not  so  qualified  are  exclu- 
ded. These  qualifications  are  such  that  the  right  of  voting 
comes  very  near  to  universal  suffrage.  All  elections  are 
viva  voce,  and  not  by  ballot. 

Further  Provisions.  The  clergy  are  ineligible  as  legisla- 
tors. No  legislative  provision  can  be  made  for  religious  wor- 
ship :  every  one  is  free  to  believe,  and  worship,  as  he  pleases ; 
and  the  relation  between  the  clergy  and  their  parishioners  is 
placed  upon  the  footing  of  their  own  will,  and  on  that  of 
any  civil  contract.  The  constitution  does  not  disqualify 
persons  for  civil  office  in  consequence  of  having  been  en- 
gaged in  a  duel;  but  it  enables  the  legislature  to  make  laws  to 
that  effect.  This  power  the  legislature  may  be  supposed  to 
have  had  without  such  provision  ;  it  amounts,  therefore,  only 
to  a  recommendation  so  to  legislate. 

[Square  miles,  64,000.] 

152. ,  State  of  NORTH  CAROLINA.  Constitution  adopted  in 
1776.  It  has  never  been  amended  ;  and  contains  no  provi- 
sion for  making  amendments.  It  has  a  declaration  of  rights. 
No  time  of  meeting  in  constitution. 

Legislature.  The  General  Assembly  is  composed  of  a 
Senate  and  House  of  Commons.  Each  county  chooses  one 
senator  and  two  representatives,  who  must  be  freeholders,  and 
residents  one  year. 

Executive.  The  governor  must  be  a  freeholder,  thirty 
years  of  age,  and  resident  five  years.  He  is  chosen  annually 
by  the  legislature,  and  is  ineligible  three  years  out  of  every 
six  years.  A  council  of  seven  is  annually  chosen  by  the  leg- 
islature. Power  of  pardoning.  Removable  by  impeachment, 
or  presentment  of  a  grand  jury . 

Judiciary.  Judges  chosen  by  the  legislature  during  good 
behavior  ;  removable  on  impeachment  or  indictment. 

Voters  for  senators,  must  be  freeholders,  and  resident 
citizens  ;  for  members  of  House  of  Commons,  payment  of 
taxes,  and  residents  one  year. 

*  Further  Provisions.  The  clergy  are  excluded  from  the 
legislature  and  council.  Atheists  are  ineligible  to  any  office. 
Religious  freedom  recognized  in  like  manner  as  in  Virginia. 
Imprisonment  for  debt,  after  surrender  of  all  estate,  unconsti- 


62  POLITICAL  CLASS  BOOK. 

tutional.  Schools  required  to  be  established,  and  such  sala- 
ries to  be  paid  "  by  the  public,"  as  may  enable  masters  to  in- 
struct "  at  low  prices." 

[Square  miles,  43,800.] 

153.  State  of  SOUTH  CAROLINA.     Constitution  adopted  in 
1790.     It  contains  a  provision,  similar  to  that  of  Maryland, 
for  amendments.     It  has  been  twice  amended,  once  in  1808, 
and  again  in  1816. 

Legislature  is  composed  of  a  General  Assembly,  consisting 
of  Senate  and  House.  One  hundred  and  twenty-four  repre- 
sentatives are  apportioned  in  districts,  in  such  manner,  that 
each  representative  shall  represent  one  sixty-second  part  of 
the  whole  number  of  white  inhabitants,  and  one  sixty-second 
part  of  the  whole  amount  of  taxes  raised  by  the  state.  The 
Senate,  of  forty-five,  are  chosen  in  election  districts,  which 
are  established  for  the  choice  of  representatives.  Members 
of  House  of  Representatives  chosen  for  two  years ;  senators 
for  four  years,  half  of  them  renewed  biennially.  The  for- 
mer must  be  resident  citizens  three  years ;  the  latter  for  five 
years,  and  must  be  also  thirty  years  of  age,  and  freeholders. 
Meeting,  first  Monday  in  November. 

Executive.  The  governor,  chosen  by  the  legislature  for 
two  years  ;  re-eligible  after  four  years  ;  must  be  thirty  years 
of  age,  a  citizen  resident  ten  years,  and  a  freeholder.  He 
has  no  council.  Has  the  power  of  pardoning.  A  lieutenant 
governor,  of  like  qualifications,  is  chosen,  who  has  no  power 
or  duty  unless  the  office  of  governor  becomes  vacant.  Re- 
movable by  impeachment. 

Judiciary.  Judges  appointed  by  joint  ballot  of  the  legis- 
lature, during  good  behavior.  Removable  by  impeachment. 

Voters.  Resident  citizens  two  years,  and  freehold,  or  pay- 
ment of  taxes  to  the  amount  of  three  shillings  sterling,  which 
comes  near  to  universal  suffrage. 

Other  Provisions.  Religious  freedom  established.  Clergy 
ineligible  to  any  civil  office. 

[Square  miles,  30,080.] 

154.  State  of  GEORGIA.     Constitution  adopted  in   1798. 
It  has  been  amended  in  one  judicial  provision.     It  has  no 
declaration  of  rights.     It  establishes  religious  freedom. 

Legislature.  The  same  organization  as  in  South  Carolina. 
The  Senate  and  House  chosen  in  counties,  according  to  white 
population,  adding  thereto  two  fifths  of  people  of  color.  Cit- 


POLITICAL  CLASS  BOOK.  63 

izenship,  residence,  age,  and  freehold  or  other  taxable  prop- 
erty. Meeting,  second  Tuesday  of  January. 

Executive.  Governor.  No  council.  Citizenship,  age, 
freehold  or  taxable  property.  Qualified  negative,  as  in  Mas- 
sachusetts. Has  pardoning  power,  except  in  impeachment ; 
power  of  reprieve  in  treason  and  murder,  till  session  of  legis- 
lature. Removable  on  impeachment.  On  vacancy,  presi- 
dent of  the  Senate.  Governor  is  chosen  by  the  legislature 
biennially.  Has  a  qualified  negative,  as  in  Massachusetts. 

Judiciary.  Superior  judges  chosen  by  the  legislature  for 
three  years.  Removable  by  address  and  impeachment. 

Voters.  Qualifications,  practically,  amount  to  universal 
suffrage.  [Square  miles,  58,200.] 

155.  State  of  KENTUCKY.  Constitution  adopted  in  1799; 
has  not  been  amended.  Convention  necessary  to  amend. 
Has  declaration  of  rights. 

Legislature.  Senate  and  House  of  Representatives.  Sen- 
ators chosen  for  four  years  ;  one  fourth  renewable  annually. 
Whole  number  twenty-four  ;  may  be  increased  in  proportion 
of  one  for  every  three  added  to  the  House.  Resident  citizen 
six  years  ;  age  thirty-five.  Chosen  in  districts,  in  proportion 
to  qualified  electors.  Representatives  must  be  resident  citi- 
zens two  years  ;  age  twenty-four  ;  proportioned  on  qualified 
electors.  Whole  number  never  less  than  fifty-eight,  nor  more 
than  one  hundred.  Meet  annually,  first  Monday  of  Novem- 
ber. 

Executive.  Elected  by  electors  as  above,  for  four  years  ; 
then  ineligible  for  seven.  Resident  citizen  six  years ;  age 
thirty-five.  Power  of  pardon,  except  in  cases  of  impeach- 
ment ;  of  reprieving  in  treason,  till  the  legislature  are  con- 
vened. Power  of  nomination  to  the  Senate  to  all  judicial, 
and  other  important  offices.  Qualified  negative,  as  in  Mas- 
sachusetts. Lieutenant  governor,  who  is  president  of  the 
Senate.  No  council. 

Judiciary.  Tenure  of  office  the  same  as  in  Massachusetts, 
and  removable  as  in  that  state. 

Voters.     Universal  suffrage. 

Other  Provisions.  Members  of  legislature  disqualified  for 
one  year  to  accept  any  office  created,  or  any  the  emoluments 
of  which  have  been  increased  during  membership.  Clergy 
disqualified  for  civil  office.  Legislature  empowered  to  pro- 
vide by  law  for  the  manner  of  instituting  suits  against  the 


64  POLITICAL  CLASS  BOOK. 

state.  In  all  elections,  voting  is  viva  voce,  and  not  by  ballot 
Slaves  not  to  be  emancipated  by  law,  without  consent  of 
owners ;  nor  without  compensation  therefor ;  nor  to  be  pro- 
hibited from  being  brought  into  the  state  by  emigrants.  Laws 
shall  be  passed  to  permit  owners  to  emancipate  on  certain 
conditions,  and  to  prevent  slaves  from  being  brought  into 
the  state  as  merchandise.  Provisions  are  made  for  the  en- 
acting of  laws  requiring  humane  treatment,  arid  trial  by  jury 
for  offences.  Religious  freedom  established. 
[Square  miles,  30,000.] 

156.  State  of  TENNESSEE.    Constitution  adopted  in  1790. 
Amendable   by  convention  ;  has  not  been  amended.     Has 
declaration  of  rights. 

Legislature.  Senate  and  House ;  both  apportioned  on 
taxable  inhabitants.  House  never  to  exceed  forty  ;  Senate 
never  more  than  half,  nor  less  than  one  third,  of  the  House. 
A  freehold  qualification  required  in  both  Houses.  Meeting, 
third  Monday  in  September  every  second  year. 

Executive.  Governor,  chosen  by  the  people,  by  plurality 
of  votes ;  must  be  a  resident  citizen  four  years,  thirty-five 
years  of  age,  and  a  freeholder.  Elected  for  two  years ;  in- 
eligible more  than  six  years  in  eight.  Power  of  pardoning, 
except  in  impeachment.  A  lieutenant  governor,  chosen  at 
same  time  ;  same  qualifications  ;  is  president  of  the  Senate. 
No  negative  ;  no  council.  No  power  of  appointment,  except 
in  cases  of  vacancy,  is  given  to  the  executive. 

Judiciary.  Chosen  by  the  legislature,  during  good  beha- 
vior. Removable  by  impeachment.  No  disqualification  by 
age. 

Voters.     Universal  suffrage. 

Other  Provisions.  The  clergy  are  excluded  from  the  leg- 
islature. Atheists  are  disqualified  for  every  civil  office.  Re- 
ligious freedom  established. 

[Square  miles,  40,000.] 

157.  State  of  OHIO.    Constitution  adopted  1802.    Amend- 
able by  convention  ;  has  not  been  amended.     Has  bill  of 
right?. 

Legislature.  House  and  Senate.  Members  of  the  for- 
mer, resident  citizens  one  year  ;  age  twenty-five  ;  and  must 
have  paid  taxes ;  chosen  in  counties,  according  to  number  of 
white  male  inhabitants  above  21  years  of  age.  Whole  num- 


POLITICAL  CLASS  BOOK.  65 

• 

her  never  less  than  thirty-six,  nor  more  than  seventy-two. 
Senators,  same  qualifications ;  chosen  for  two  years  ;  one 
half  renewed  annually  ;  chosen  on  the  same  basis  as  mem- 
bers of  the  House  ;  and  not  to  be  less  than  a  third,  nor  more 
than  half,  of  the  number  of  representatives.  Meeting,  on  first 
Monday  in  December. 

Executive.  Governor,  chosen  by  the  same  electors  for  two 
years  ;  eligible  six  years  in  eight ;  must  be  thirty  years  of 
age,  and  a  resident  citizen  four  years.  Power  of  pardoning 
except  in  impeachments.  Speaker  of  the  Senate  is  succes- 
sor. No  council ;  no  negative  ;  no  power  of  appointment. 

Judiciary.  Chosen  by  joint  ballot  of  two  branches  of  the 
legislature  for  seven  years.  Removable  by  impeachment. 

Voters.     Universal  suffrage. 

Other  Provisions.    Religious  freedom.    Slavery  prohibited , 
and  provision  for  ending  existing  servitude  by  lapse  of  time. 
[Square  miles,  39,000.] 

158.  State  of  INDIANA.  Constitution  adopted  in  1816. 
Amendable  by  convention  ;  has  not  been  amended.  Has  a 
bill  of  rights. 

Legislature.  Senate  and  House.  Qualifications  of  mem- 
bers, resident  citizens,  and  payment  of  tax  ;  basis,  numbers 
of  white  male  inhabitants  above  twenty-one  ;  chosen  in  coun- 
ties and  districts.  Members  of  House  chosen  annually  ;  sen- 
ators for  three  years,  one  third  renewable  annually.  Meeting, 
on  the  first  Monday  of  December. 

Executive.  Governor,  chosen  by  same  electors  for  three 
years ;  eligible  six  years  in  nine  ;  must  be  resident  citizen 
five  years,  and  thirty  years  of  age.  Power  of  pardon,  as  in 
Ohio ;  has  qualified  negative,  as  in  Massachusetts.  Nomi- 
nates all  officers  (with  few  exceptions)  to  the  Senate.  Lieu- 
tenant governor,  who  is  president  of  the  Senate. 

Judiciary.  The  judges  hold  their  offices  for  seven  years. 
The  mode  of  appointment  is  peculiar  to  this  state.  The 
judges  of  the  Supreme  Court  are  appointed  by  the  governor, 
with  the  consent  of  the  Senate  ;  the  presidents  of  the  circuit 
(or  county)  courts,  by  the  joint  ballot  of  the  two  branches  of 
the  legislature  ;  and  the  associate  judges  of  this  court  are 
elected  by  the  people.'  Removable  on  impeachment. 

Voters.  Universal  suffrage.  Election  by  ballot,  with 
power  in  the  legislature  to  make  it  viva  vocc. 

Other  Provisions.  Education  liberally  provided  for.  Sla- 
very prohibited.  Acts  of  legislature  not  in  force  till  "  pub- 
6* 


66  POLITICAL  CLASS  BOOK. 

lished  in  print."     The  like  provision  as  to  libels  as  in  the 
state  of  New  York.     Religious  freedom  established. 
[Square  miles,  36,250.] 

159.  State  of  LOUISIANA.     Constitution  adopted  in  1812  ; 
has  not  been  amended  :  amendable  by  convention.     No  bill 
of  rights. 

Legislature.  House  and  Senate.  Representatives  chosen 
for  two  years  ;  must  be  citizen  residents  two  years,  and  free- 
holders ;  chosen  on  the  basis  of  the  number  of  qualified  elec- 
tors ;  not  less  in  number  than  twenty-five,  nor  more  than 
fifty.  Senators,  fourteen  in  number,  chosen  in  districts,  for 
four  years ;  half  renewed  biennially.  Senators  must  have 
been  resident  citizens  four  years,  twenty-seven  years  of  age, 
and  freeholders  of  the  value  of  $1000.  Members  of  either 
branch  can  take  no  office  created,  or  office  of  which  the 
emoluments  were  increased,  during  their  membership,  unless 
by  popular  election.  Meeting,  first  Monday  in  January. 

Executive.  The  members  of  the  two  Houses  ballot  for 
one  of  the  two  candidates,  who  have  obtained  the  highest 
number  of  votes  from  the  electors  qualified  to  choose  these 
members.  The  governor  is  elected  for  four  years ;  is  ineli- 
gible next  four  years ;  must  be  citizen  resident  six  years, 
thirty  years  of  age,  and  freeholder  of  $5000  value.  Clergy- 
men ineligible  ;  also  members  of  Congress.  Power  of  par- 
doning, with  the  assent  of  the  Senate  ;  but  not  in  impeach- 
ments. President  of  the  Senate,  successor.  Has  a  qualified 
negative,  as  in  Massachusetts.  No  council.  Has  the  gen- 
eral power  of  appointment  with  the  consent  of  the  Senate. 

Judiciary.  Appointed  during  good  behavior  ;  removable 
on  impeachment  or  address. 

Voters.  The  provisions  exclude  none  but  those  who  have 
not  paid  a  tax  ;  suffrage  is,  probably,  universal. 

Remarks.  The  clergy  are  excluded  from  civil  office.  This 
constitution  is  silent  as  to  religion,  and  education,  and  sla- 
very. [Square  miles,  48,220.] 

160.  State  of  MISSISSIPPI.    Constitution  in  1817.    Has  a 
declaration  of  rights ;    amendable    by  convention  ;  has  not 
been  amended. 

Legislature.  Senate  and  House  ;  members  of  both  chosen 
by  the  qualified  electors  of  the  state.  Members  of  House  of 
Representatives  must  be  resident  citizens  two  years  ;  twenty- 
two  years  of  age,  and  freeholders  of  the  value  of  $500.  Whole 


POLITICAL  CLASS  BOOK.  67 

number  never  less  than  thirty-six  nor  more  than  one  hundred, 
chosen  for  one  year.  Senators  shall  never  be  less  than  one 
fourth,  nor  more  than  one  third,  of  the  number  of  the  House ; 
apportioned  on  taxable  inhabitants,  in  districts  ;  must  be  resi- 
dent citizens  four  years ;  twenty-six  years  of  age  ;  freehold, 
or  other  estate  of  $1000.  Similar  provision  as  in  Delaware, 
as  to  offices  created,  &,c.  during  membership.  Time  of 
meeting,  first  Monday  of  November. 

Executive.  Chosen  by  same  electors ;  must  have  been  a 
citizen  twenty  years,  a  citizen  resident  five  years,  thirty 
years  of  age,  and  a  freeholder  of  the  value  of  $2000.  Has 
qualified  negative,  as  in  Massachusetts.  Chosen  for  two  years. 
Has  no  power  of  appointment ;  no  council.  Has  the  power 
of  pardoning,  except  in  cases  of  treason  and  impeachment. 
Lieutenant  governor,  who  is  president  of  the  Senate. 

Judiciary.  Judges  are  chosen  by  the  legislature,  during 
good  behavior.  Removable  by  impeachment  or  address  ; 
disqualified  at  sixty-five  years  of  age. 

Voters.     The  provisions  amount  to  universal  suffrage. 

Other  Provisions.  Clergy  excluded  from  civil  office. 
Legislature  shall  provide,  by  law,  in  what  manner  and  in  what 
courts  suits  may  be  brought  against  the  state.  Religion  and 
education  "  shall  be  forever  encouraged  in  this  state." 
Slaves ;  there  is  a  provision  similar  to  that  in  the  constitution 
of  Kentucky. 

[Square  miles,  45,350.] 

161.  State  of  ILLINOIS.    This  constitution  was  established 
in  1818,  and  is,  in  general,  so  much  like  that  of  Mississippi, 
that  it  is  unnecessary  to  notice  anything  but  the  points  of  dif- 
ference.     Slavery  is  forbidden  in  Illinois.     The  governor 
and  the  judges  of  the  Supreme  Court,  jointly,  exercise  the 
qualified  negative  on  legislative  acts,  which,  in  some  other 
states,  is  vested  in  the  governor.     First  Monday  of  December, 
every  second  year.     Voting,  viva  voce. 

[Square  miles,  59,000.] 

162.  State  of  ALABAMA.     Constitution   adopted  in  1819. 
The  provisions  are  so  similar  to  those  in  the  state  of  Mississippi, 
that  it  is  unnecessary  to  describe  them.     The  greatest  num- 
ber of  representatives  is  one  hundred.     The  Senate  not  less 
than  a  fourth,  nor  more  than  a  third,  of  that  number.     Meet- 
ing, fourth  Monday  of  October. 

[Square  miles,  50,800.] 


68  POLITICAL  CLASS  BOOK. 

163.  State  of  MISSOURI.     Constitution  adopted  in   1820. 
This  constitution  is  so  much  like  that  of  Mississippi,  that  it  is 
needless  to  describe  it.     Meeting  of  legislature,  first  Monday 
every  second  year.     Whole  number  of  representatives  never 
to  exceed  one  hundred. 

[Square  miles,  60,300.] 

164.  The  states   in  which  slavery  exists  are  Delaware, 
Maryland,  Virginia,  North  Carolina,  South  Carolina,  Georgia, 
Kentucky,  Tennessee,  Missouri,  Louisiana,  Mississippi  and 
Alabama.     Michigan  Territory  [containing  54,000  square 
miles]  will  not  have  slaves  within  it.     In  Arkansas  Territory 
[containing  121,000  square  miles,  about  one  third  more  than 
New  England]  slavery  exists,  and  will  continue  to  exist.    In 
the  District  of  Columbia  [containing  100  square  males]  sla- 
very is  permitted.     This  District  is  subjected  to  the  legisla- 
tion of  Congress.     The  city  of  Washington  is  within  its  lim- 
its.    It  has  a  judiciary  by  act  of  Congress  ;  an  appeal  lies  to 
the  Supreme  Court  of  the  United  States.     Besides  the  parts 
of  the  United  States  which  have  been  noticed,  there  are  the 
North-western  Territory,  and  the  Missouri  Territory,  which 
are  supposed  to  exceed  in  square  miles  one  half  of  all  the 
residue  of  territory  within  the  United  States.     It  is  supposed 
that  slavery  will  not  be  permitted  in  any  part  of  these  vast 
regions,  unless  in  that  which  lies  west  of  the  state  of  Missouri. 

165.  It  will  be  noticed,  that  universal  suffrage  is  allowed 
in  nearly  all  the  states,  the  qualifications,  citizenship  except- 
ed,  being  little  more  than  nominal.     Where  constitutions 
have  been  revised,  the  right  of  voting  has  been  extended  to 
nearly  all  who  are  citizens.    In  constitutions  recently  formed, 
the  right  has  been  made  equally  extensive,  unless  the  case  of 
Virginia  be  an  exception.     If  there  be  any  persons  who  as- 
sert that  the  universality  of  suffrage  is  the  unsound  part  of 
our  political  theory,  they  take  on  themselves  to  show  one  of 
two  things,  namely,  (1.)  that  a  restricted  right  of  suffrage  is 
practicable,  and  would  be  more  safe  ;  or,  (2.)  that  our  forms 
of  government  will  not  endure.     The  right  to  vote  has  been 
made  dependent  sometimes  on  property,  or  on  being  a  house- 
holder, or  on  maturer  years  than  twenty-one  ;  and  sometimes 
the  interposition  of  electoral  bodies  has  been  deemed  a  secu- 
rity.   But  it  does  not  appear,  that  where  such  provisions  have 
been  established,  better  results  have  been  obtained,  either  as 
to  the  elected,  or  as  to  measures.     It  remains,  however,  to  be 


POLITICAL  CLASS  BOOK.  69 

known,  what  the  effect  of  general  suffrage  is  to  be,  in  a  very 
numerous  and  dense  population.  Probably  none  of  the 
American  cities  are  yet  large  enough  to  test  the  principle  in 
this  respect. 

166.  This  comparison  of  constitutions  further  shows,  that 
very  little  seems  to  depend  on  the  mode  in  which  legislative, 
executive  and  judicial  powers  are  brought  into  action.     The 
great  principle  of  keeping  these  three  powers  separate  from 
each  other,  does  not  appear  to  have  been  strictly  adhered  to, 
in  all  the  states  ;  nor  does  it  appear,  that  any  evil  has  arisen 
from  disregarding  it  to  some  extent.    The  success  of  our  ex- 
periment does  not  seem  to  depend  so  much  on  the  exercise 
of  legislative  and  executive  authority,  as  on  that  which  is  ju- 
dicial.    In  nearly  all  the  states,  the  administration  of  justice, 
through  the  agency  of  juries,  grand  juries,  and  learned  and 
independent  judges,  appears  to  be  duly  and  justly  esteemed 
and  respected.     If  there  should  be  legislative  and  executive 
abuses,  which  the  elective  franchise  fails  to  correct,  the  judi- 
cial power  offers  the  only  remaining  remedy  oi  an  orderly 
and  peaceable  nature.     No  instance  is  recolleclod  of  making 
the  judiciary  less  independent,  on  revising  any  constitution  ; 
but  several,  where  it  has  been  made  more  so. 

167.  In  some  of  the   states,  there  is  a  highly  honorable 
constitutional  provision  ;  it  is,  that  the  legislature  may  pro- 
vide by  law  for  the  institution  of  suits  against  the  state  itself. 
Such  a  provision  in  the  constitution  of  the  United   States, 
properly  carried  into  effect,  would  have  saved  much  time  and 
money.     Many  days  are  devoted,  in  each  session  of  Congress 
(which  sits  at  the  expense  of  at  least  $2000  a  day),  to  the 
settlement  of  private  claims,  which  could  be  settled,  with  lit- 
tle expense  comparatively,  and  with  much  economy  of  time, 
cither  by  a  court,  or  board  of  commissioners.     It  is  unjust 
that  those  who  have  well  founded  claims,  should  have  ro 
remedy   but  petitioning   Congress,    and    attending    session 
after  session,  awaiting  a  hearing  and  a  decision,  frequently 
until   debate  on  fruitless  motions  is  ended.     The  power  so 
exercised  is  properly  judicial,  and  not  legislative.     It  is  be- 
lieved that  Congress  have  the  power  to  provide  such  reme- 
dies, although  the  constitution  does  not  expressly  give  such 
power. 


70  POLITICAL  CLASS  BOOK. 

CHAPTER  XIV. 

The  Constitution  of  the  United  States. 

168.  A  BRIEF  sketch  of  the  settlement  of  this  country  will 
be  useful  to  the  young,  to  enable  them  to  understand  in  what 
manner  the  national  constitution  was  introduced. 

(1.)  In  1492,  America  was  first  known  to  Europeans,  by 
the  discovery  of  Columbus.  Islands,  and  parts  of  the  Amer- 
ican sea-coast,  were  taken  possession  of  by  those  nations  of 
Europe  who  were  engaged  in  commerce  on  the  ocean.  The 
right  which  the  Europeans  set  up  to  America,  was,  that  God 
had  given  the  earth  to  those  who  were  blessed  with  the  rev- 
elation of  Christianity  ;  that  the  heathen  might  be  lawfully 
driven  out  of  the  lands  which  their  Creator  had  given  to 
them,  or  might  lawfully  be  subdued,  and  made  the  subjects 
of  Christians.  Europeans  who  came  from  Catholic  countries 
considered  the  pope  to  have  the  power,  as  the  supreme  head 
of  the  church,  to  give  the  country  of  the  heathen  to  the  faith- 
ful. Those  who  came  from  Protestant  kingdoms  considered 
their  respective  sovereigns  to  have  the  like  power.  The  right, 
thus  founded,  was  asserted  by  force,  and  the  dominion  was 
obtained  by  conquest. 

169.  (2.)  The  right  to  dispossess  the  Indians  has  since 
been  asserted  on  this  principle  : — The  Creator  must  have  in- 
tended the  greatest  good  to  the  human  race  ;  that,  as  each 
individual  regards  existence  as  a  benefit,  the  sum  of  happi- 
ness must  be  proportioned  to  the  number  of  persons  ;  that,  as 
a  greater  number  of  civilized  persons  than  savages  can  hap- 
pily exist  on  a  square  mile,  the  savages  may  lawfully  be  driven 
away,  to  permit  civilized  men  to  exist  and  enjoy  the  blessings 
of  life. 

170.  (3.)  On  whatever  principle  the  justification  of  the 
acts  of  Christians  towards  the  natives  of  America  may  rest 
(if  it  can  rest  on  any),  the  fact  has  been,  that  the  natives 
have  been  destroyed  gradually,  or  thrown  back,  as  white  men 
advanced.     This  process  is  likely  to  go  on,  until  the  Indian 
will  be  known  only  in  memory  and  history 

171.  That  territory  which  is  now  the  United  States  (ex- 
cepting Louisiana  and  Florida,  which  have  been  acquired 
within  the  present  century)  became  colonies  of  Great  Britain 
at  different  times.     The  earliest  settlement  was  in  Virginia, 
in  1607  •  the  latest  in  Georgia,  in  1732.     Since  the  latter 


POLITICAL  CLASS  BOOK.  71 

time,  there  were  thirteen  colonies,  down  to  the  time  of  the 
revolution.  A  colony  means  a  settlement  of  persons  who  go 
from  the  parent  country  to  a  distant  place,  but  who  remain 
subject  to  the  parent  country. 

172.  The  colonies  attempted  to  form  some  union  among 
themselves  at  different  times.     The  New  England  colonies 
did  so  in  1643,  for  some  limited  purposes.     The  last  attempt 
at  a  more  general  union  of  the  colonies,  was  in  1754.     Dr. 
Franklin  was  one  of  those  who  had  an  agency  in  the  attempt, 
and  appears  to  have  been  of  opinion,  "  that  a  union  of  the 
colonies  was  absolutely  impossible,  or,  at  least,  without  be- 
ing forced  by  the  most  grievous  tyranny  and  oppression."* 

173.  When  the  measures  of  Great  Britain  compelled  the 
colonies  to  resist,  in  1775,  they  formed  the  articles  of  "  con- 
federation ;"  which  word  signifies  a  league  or  union  among 
several  distinct  states  or  sovereignties,  to  do  certain  acts, 
which  are  expressed  in  the  articles  of  agreement  entered  into 
by  the  parties.     The  word  fcedusj  in  the  Latin  language, 
signifies  a  league  or  covenant,  and  is  usually  applied  to  con- 
tracts made  between  sovereigns.    The  word  sovereign  is  from 
the  French  souverain.     It  means  that  power,  in  an  indepen- 
dent state  or  kingdom,  which  is  superior  to  all  other  power 
within  the  same.     Where  kings  rule,  they  are  called  sove- 
reign ;    in  republics,  the  people  are  the  sovereign.      This 
government  was  conducted  by  a  Congress  (derived  from  a 
Latin  word,  meaning  an  assembly  of  persons),  which  exer- 
cised all  the  powers  expressed  in  the  articles.    It  could  make 
laws,  but  it  could  not  apply  them,  nor  cause  them  to  be  exe- 
cuted.    Till  1787,  the  intelligent  men  of  the  country  were 

*  Kent's  Comm.  I.  193. 

f  The  word  federal  is  derived  from  foedus.  There  were  federal  govern- 
ments in  Greece ;  and  at  the  close  of  the  last  century,  in  Holland  ;  and  more 
recently,  in  South  America.  The  union  of  the  states,  so  far  as  the  states  are 
concerned,  is  federal ;  so  far  as  the  union  is  a  government  over  one  people, 
it  is  not.  When  the  constitution  was  before  the  people  in  1788,  for  adoption 
or  rejection,  there  was  a  difference  of  opinion.  Some  were  for  it,  some  were 
against  it.  Those  who  were  for  it,  were  called  federalists  ;  those  who  were 
against  it,  were  called  anti-federalists.  There  were  able  and  honest  men  on 
both  sides.  John  Jay,  and  James  Madison,  and  Alexander  Hamilton,  joined 
in  a  publication  in  favor  of  it.  Their  work  is  called  "  The  Federalist,  and 
is,  and  must  ever  be  regarded  as,  a  work  of  exalted  merit.  Strong  political 
parties  arose  on  this  occasion.  Like  other  parties,  they  have  passed  away,  to 
give  place  to  new  ones.  In  popular  and  other  governments,  parties  must  ex- 
ist. Those  are  the  most  dangerous  which  support  men  without  regard  to 
principle.  The  most  commendable  are  those  which  support  men,  not  to  gain 
a  benefit  to  themselves,  but  to  secure  the  righteous  operation  of  the  principles  by 
which  the  people  have  consented  to  be  governed.  It  is  no  uncommon  thing 
for  the  former  to  pass  themselves  off  for  the  latter. 


72  POLITICAL  CLASS  BOOK. 

convinced,  that  the  intercourse  between  the  states,  and  the 
relation  of  the  several  states  to  foreign  nations,  would  produce 
the  most  serious  difficulties.  They  foresaw  that  all  the  good 
expected  from  independence  was  in  great  peril.  It  appeared 
to  them  that  the  states  might  soon  wage  war  among  them- 
selves, and  might  seek  foreign  alliances  to  aid  them  in  their 
contentions.  It  thus  became  a  most  solemn  duty  to  attempt 
the  establishment  of  such  a  union  as  would  keep  peace,  en- 
sure good  neighborhood  and  its  benefits,  and  make  the  inter- 
est of  each  state,  in  relation  to  all  foreign  states,  one  and  the 
same,  in  peace  and  in  war. 

174.  In  1787,  a  convention  was  held  in  the  city  of  Phila- 
delphia, to  form  a  new  and  more  perfect  union.     All  the 
states  then  existing  sent  delegates,  except  Rhode  Island. 
The  numbers  present  at  the  time  of  final  agreement  on  the 
form  of  the  constitution  were  as  follows  :  from  New  Hamp- 
shire, Massachusetts,  Connecticut  and  Georgia,  two  each : 
New   York,  one  ;  New  Jersey,  four  ;  Pennsylvania,  eight ; 
Delaware,  five ;   Maryland,  Virginia   and   North   Carolina, 
three  each ;  South  Carolina,  four.     In  this  assembly  were 
many  high,  pure  and  honorable  minds,  well  worthy  of  the  se- 
rious duty  in  which  they  had  engaged.     All  of  them   were 
eminent  men  ;  and  some  of  them  have  since  appeared  in  the 
highest  offices  of  trust  and  honor  in  the  nation.    Other  mem- 
bers had  been  present  during  the'1- session,  but  had  returned 
home  before  the  business  was  finished  ;  and  their  names  do 
not  appear  as  signers  of  the  instrument  agreed  on. 

175.  George  Washington  was  the  president  of  this  Con- 
vention.    Jt  appears,  from  the  letters  which  he  wrote  to  his 
friends,  who  had,  like  himself,  hazarded  their  fortunes  and 
lives  in  the  war,  that  he  considered  the  Union  of  the  states, 

Under  a  well-balanced  form  of  government,  as  the  only  means 
of  preserving  civil  liberty.  If  there  was  good  reason  ibr  form- 
ing the  union,  there  must  be  good  reason  for  continuing  it. 
If  it  was  feared  that  the  states  would  fall  into  contentions 
among  themselves,  if  not  politically  united,  the  same  fear, 
would  arise  if  they  were  to  be  separated.  If  it  was  probable 
that  the  states  could  be  saved  from  dangerous  leagues  with 
foreign  powers,  only  by  a  firm  alliance  among  themselves, 
that  perilous  consequence  might  follow,  if  this  alliance  were 
broken. 

176.  It  would  not  be  reasonable  to  expect  that  the  opera- 
lions  of  a  government  over  so  extensive  and  varied  a  commu- 
nity as  that  of  the  United  States,  will  always  be  such  as  to  be 


POLITICAL  CLASS  BOOK.  73 

entirely  satisfactory  in  every  part.  There  have  been,  there- 
are,  and  there  will  be,  causes  of  dissatisfaction,  in  some 
part.  Yet  can  any  one  doubt  that  our  lot,  as  a  nation,  is 
a  far  better  one  than  that  of  any  equal  number  of  persons 
elsewhere  in  the  world  ?  The  people  of  the  United  States 
have  not  the  means  of  comparing  their  country,  its  institu- 
tions and  advantages,  and  themselves,  politically  and  socially, 
with  the  rest  of  the  world.  If  this  could  be  done,  there 
would  be  far  less  of  complaint,  and  a  more  common  expres- 
sion of  thankfulness. 


CHAPTER  XV. 

Constitution  of  the  United  States — continued. 

177.  THREE  things  deserve  notice  ;  first,  that  an  assembly 
collected  from  the  whole  extent  of  the  states,  from  New 
Hampshire  to  Georgia,  representing  so  many  and  such  varied 
interests,  should  have  been  able  to  agree  on  any  system  of 
government :  secondly,  that  the  system  which  was  agreed  on, 
and  which  was  submitted  to  the  critical  examination  and  pat- 
riotic  jealousy  of  conventions,  in  all  the  states,  acting  sepa- 
rately and  independently  of  each  other,  and  at  different  times, 
should  have  obtained  assent,  absolutely  irrevocable,  unless  by 
the  will  of  a  majority  of  the  whole  people  ;  thirdly,  that  the 
system  adopted  should  have  been  found,  on  actual  experiment 
of  forty  years,  to  be  fully  competent  to  all  the  purposes  for 
which  it  was  designed.    It  has  proved  to  be  capable  of  adapt- 
ing itself  to  all  the  changes  which  an  increasing,  thriving  and 
expanding  nation  was  to  undergo,  and  to  any  number  of 
members  in  an  extending  confederacy.     The  framers  of  this 
system  are  entitled  to  the  gratitude  of  their  countrymen  ;  and 
the  people  who  adopted  their  work  well  deserve  to  be  hon- 
ored by  their  fortunate  descendants. 

178.  This  remarkable  contract  has  been  differently  under- 
stood by  different  and  intelligent  minds.     It  has  been  held  to 
be,  (1.)  a  contract  between  sovereign  states,  to  establish  and 
maintain  a  government  for  the  common  good  of  the  states, 
and  the  inhabitants  of  the  states ;  (2.)  a  contract,  between 
each  state  and  all  the  other  states,  f3  establish  and  maintain 
a  government  to  the  same  ends;  and  that  each  state  reserved 
to  itself  the  right  of  judging  of  the  meaning  of  the  contract, 


74  POLITICAL  CLASS  BOOK. 

and  whether  it  had  been  kept  or  broken  ;  (3.)  a  contract,  be- 
tween each  citizen  dwelling  within  the  United  States  and  all 
other  citizens,  to  establish  and  maintain  a  government  for  the 
good  of  the  whole,  with  limited  and  denned  powers  ;  and  pro- 
viding that  all  powers  not  expressly  given,  or  necessarily 
flowing  from  those  which  are  so  given,  are  reserved  to  the 
states,  or  to  the  people ;  with  authority  in  the  government,  so 
created,  to  expound  its  own  powers. 

179.  In  this  latter  sense,  the  constitution  is  now  under- 
stood by  the  most  eminent  men  in  our  country,  and  is  so  un- 
derstood by  the  high  authority  of  the  Supreme  Court  of  the 
United  States,  which,  in  the  last  resort,  is  to  expound  the 
constitution,  and  the  laws  made  under  its  authority.* 

180.  It  will  be  seen,  in  the  examination  of  this  instrument, 
that  the  state  governments  are  required  to  do  some  actg  in 
relation  to  the  general  government ;  but  these  acts  are  not 
done  in  the  nature  of  acts  of  sovereignty  of  the  states,  but  as 
acts  so  agreed  by  the  people  to  be  done  by  the  aid  of  forms, 
which  were  previously  existing,  and  in  familiar  use. 

181.  The  people  of  each  one  of  the  United  States  had  de- 
clared in  each  state  in  what  manner  they  would  be  govern- 
ed, and  they  had  made  this  declaration  by  a  written  constitu- 
tion.    They  were  living  under  their  respective  constitutions, 
and  under  the  articles  of  confederation,  when  they  took  into 
view  the  establishment  of  a  new  form  of  government  for  the 
whole  people.     Conventions  were  held,  and  proposed  meas- 
ures discussed,  according  to  forms  familiar  in  the  states.     In 
our  own  state,  the  inhabitants  of  towns  were  assembled  in 
the  common  mode  ;  the  choice  of  delegates  to  the  conven- 
tion was  made  and  certified  as  in  other  elections. 

182.  The  conventions  did  not  represent  the  state,  but  the 
people  dwelling  within  the  state,  as  part  of  the  people  of  the 
United  States.     The  constitution   was  not  adopted  by  the 
state,  but  by  the  people  dwelling  in  the  state.     The  people 
thus  agreed,  that  certain  powers,  which  before  that  time  had 
been  exercised  by  the  state  government  and  the  Congress, 
under  the  articles  of  confederation,  should,  thereafter,  be  ex- 
ercised by  persons  to  be  chosen  to  administer  the  national 
constitution  ;  that  is,  to  exercise  the  powers  expressly  given, 
and  necessarily  implied,  and  none  others. 

183.  The  constitution  does  not,  and  could  not,  descend  to 

*  So  decided  in  the  Supreme  Court  of  the  United  States,  in  Harrison  vs. 
Hunter's  lessee.  The  opinion  pronounced  by  Judge  Story. — 1  IWieaton's  Rep. 
323. 


POLITICAL  CLASS  BQK.  K  ruf5 


,  , 

cvc;y  minute  particular  :  it  is  genera]   nr.Hs  terms,  and  pro- 

vides in  itself  tor  the  manner  in  which  those  terms  shall  be 
expounded  and  applied.  It  docs  this  with  as-  much  security 
as  is  possible  in  the  nature  of  things,  by  reserving  to  the  peo- 
ple the  return  of  power  at  stated  periods,  when  they  can  judge 
v/hether  authority  shall  be  continued  in  the  same  hands,  or 
transferred  to  others. 

184.  Thus  it  will  be  found,  that,  while  the  state  govern 
ments  continue  to  exercise  various  powers,  according  to  the 
will  of  the  people  in  each  state,  and  in  the  manner  which 
their  peculiar  circumstances  require,  —  the  general  govern- 
ment exercises  other  and  distinct  powers,  for  the  general  wel- 
fare of  the  whole  nation,  in  those  matters  in  which  the  whole 
nation  have  a  common  interest. 

185.  If  it  be  asked,  What  is  to  be  done,  if  the  national 
rulers  abuse  their  power  ?  the  answer  is,  If  it  be  a  case  in 
which  one  or  more  public  officers  can  be  impeached  and  tried, 
that  is  the  remedy  :  if  it  be  a  case  which  is  regularly  cogni- 
zable before  the  judiciary  tribunals,  a  remedy  is  found  there. 
Suppose  that  the  legislative  and  executive  powers  should 
unite  in  making  a  tyrannical  law,  and  that  no  remedy  could 
be  had  by  impeachment  or  judicial  trial  ;  or  suppose  a  state, 
as  such,  puts  itself  in  avowed  hostility  to  the  national  govern- 
ment ;  what  is  to  be  done  1     Such  cases  are  not  to  be  sup- 
posed, and  consequently  are  not  provided  for.     If  they  hap- 
pen, consequences  must  take  care  of  themselves.     No  law 
was  found  in  the  code  of  Athens,  to  punish  a  son  for  killing 
his  father,  because  the  making  of  such  a  law  might  be  an 
admission   that   such  a  crime  could  be  committed.      The 
powers  in  the  national  constitution  are  of  like  nature  with 
those  of  the  states.     They  comprise  the  making  of  laws,  judg- 
ing of,  and  executing  them. 


CHAPTER  XVI. 

Legislative  Power. 

186.  THERE  is,  first,  a  law-making  authority  vested  in 
Congress,  which  consists  of  a  House  of  Representatives  and 
Senate,  each  of  which  branches  can  dissent  from  or  agree  to 
the  acts  of  the  other  ;  the  concurrence  of  both  being  neces- 
sary, as  in  the  state  governments,  to  the  making  of  a  law. 


7'J  POLITICAL  CLASS  BOOK. 

When  a  bill  has  passed  both  branches,  and  has  been  copied 
on  parchment  (which  is  called  engrossing},  and  is  signed  by 
the  presiding  officers,  it  is  sent  to  the  president.  If  he  signs 
it,  it  becomes  a  law.  If  he  will  not  sign  it,  he  sends  it  back 
with  his  reasons.  If  two  thirds  of  both  branches  concur,  it 
becomes  a  law,  without  the  president's  signature.  The  rolls 
of  parchment  containing  the  laws,  are  deposited  in  the  office 
of  the  secretary  of  state,  who  is  the  certifying  officer  of  the 
nation. 

187.  The  House  of  Representatives  can  never  have  a 
greater  number  of  members  than  one  for  every  thirty  thousand 
inhabitants ;    but  Congress  have  the  power,  once  in  every 
ten  years,  to  determine  by  law  on  the  number  of  inhabitants 
entitled  to  have  one  representative. 

188.  The  manner  of  computing  the  numbers  is  different 
in  the  slave-holding  states  from   what  it  is  in  the  others. 
Representation  and  taxation  go  together.     In  the  slave-hold- 
ing states,  the  white  population  and  the  slaves  are  numbered. 
The  number  of  white  persons,  and  three  fifths  of  the  slave 
population,  make  the  numbers  on  which  the  right  of  sending 
representatives  is  founded.     Thus,  suppose  a  state  to  have 
640,000  white  persons,  and  425,000  slaves ;  three  fifths  of 
the  latter  are  to  be  added  to  the  former,  making  895,000  ; 
and  on  this  number  such  state  sends  representatives.     If  a 
state  has  640,000  white  persons,  and  no  slaves,  it  sends  repre- 
sentatives apportioned  on  640,000  only. 

189.  Thus  citizens  of  the  slave-holding  states  have  more 
representatives  in  Congress  than  an  equal  number  of  white 
persons  in  other  states  ;  but  then  they  are  liable  to  a  greater 
tax  in  proportion,  when  taxes  are  raised  by  direct  assessment. 
Practically,  this  liability  to  taxation  is  of  little  importance,  as 
direct  taxes  on  property  have  rarely  been  laid,  and  seem,  at 
present,  not  likely  to  be  more  resorted  to  in  time  to  come.    A 
greater  proportion  of  representatives  is  always  had  by  the  slave- 
holding  citizens ;  but  this  is  part  of  the  national  contract,  and 
is  as  binding  on  all  the  nation  as  any  other  part  of  it.     This 
provision  may  be  considered  in  another  light,  namely  :   If  it 
be  assumed  that  all  the  human  beings  in  the  Unite.!  States 
are  the  basis  of  representation,  two  fifths  of  all  persons  not 
free  are  unrepresented.     In  this  view,  free  states  are  the 
gamers.     It  may  be  doubtful  whether  colored  population  was 
regarded  as  persons,  or  as  property. 

190.  The  number  of  inhabitants  in  the  Union  is  known 
once  in  ten  years,  by  taking  a  census.     This  word  is  from 


POLITICAL  CLASS  BOOK.  77 

the  Latin,  and  was  used  among  the  Romans  to  signify  the 
valuation  of  any  man's  estate  ;  the  registering  of  one's  self, 
one's  years,  one's  family,  and  servants.  In  the  United  States, 
it  means  simply  an  enumeration  of  the  people,  though  Con- 
gress might  make  it  to  include  a  classification  of  employments, 
and  some  other  objects. 

191.  The  apportionment  aimed  at  in  fixing  the  number 
for  one  representative,  is  to  keep  the  House  of  Representa- 
tives always  as  near  the  number  of  two  hundred  as  may  be. 
The  number  is  not  constitutionally  limited,  but  depends  on 
a  law  of  Congress. 

192.  Representatives  are  chosen  once  in  two  years,  by  the 
people  of  the  states,  at  such  time,  and  in  such  manner,  as 
each  state  by  law  determines.     States  are  usually  divided 
into  districts,  comprising  the  number  of  inhabitants  entitled 
to  one  representative.     A  state  may  not  so  divide  itself,  but 
may  order  the  whole  number,  which  it  is  entitled  to  send,  to 
be  voted  for  on  one  ticket,  throughout  the  state.     No  per- 
son can  be  a  representative,  who  is  not  twenty-five  years 
old,  and  who  has  not  been  a  citizen  seven  years,  and  who 
is  not  resident  in  the  state  in  which  he  is  chosen.     The 
House  of  Representatives  has  a  speaker,  who  presides,  and 
a   clerk   as    recording   officer.      Massachusetts,   and   some 
other  states,  provide  by  law,  that  a  representative  shall  be 
an  inhabitant  of  the  district  in  which  he  is  chosen.     It  is 
doubtful  whether  the  constitution  of  the  United  States  au- 
thorizes this  provision  ;    but  a  question  on  this  point  can 
hardly  arise. 

193.  The  Senate  of  the  United  States  is  composed  of  two 
senators  from  each  state.     They  are  chosen  by  the  state  leg- 
islature, for  six  years.     No  person  can  be  a  senator,  who  is 
not,  thirty  years  of  age,  or  who  has  not  been  a  citizen  nine 
years,  and  who  is  not  an  inhabitant  of  the  state  in  which  he 
is  chosen.    The  places  of  one  third  of  the  Senate  are  vacated 
at  the  end  of  two  years,  and  new  elections  take  place. 

194.  The  Senate  act  in  three  capacities  :  (1.)  as  one  branch 
of  the  legislature  ;  (2.)  as  a  judicial  court  for  the  trial  of  im- 
peachments ;  (3.)  as  part  of  the  executive  power,  for  the  pur- 
pose of  approving  or  disapproving,  by  a  vote  of  the  majority, 
of  the  appointments  made  by  the  president.     When  a  treaty 
is  made  with  any  foreign  power,  it  is  submitted  to  the  Sen- 
ate by  the  president.    Two  thirds  of  the  Senate  must  approve 
of  it,  to  make  it  valid.     The  House  of  Representatives  have 
no  concern  with  making  treaties. 

7* 


78  POLITICAL  CLASS  BOOK. 

195.  The  vice  president  of  the  United  States  presides  in 
the  Senate.     Their  secretary  is  the  recording  officer. 

196.  Congress  have  power  to  make  laws  on  such  subjects 
only  as  concern  the  safety,  support  and  general  welfare  of 
the  nation,  as  denned   in  the  constitution.     Congress  are, 
therefore,  to  provide  for  the  common  defence  ;  for  the  pay- 
ment of  the  public  debt ;  for  the  regulation  of  commerce  and 
foreign  intercourse  ;  for  the  manner  in  which  aliens  may  be- 
come citizens  ;  for  a  uniform  system  of  bankruptcy  ;  for  the 
coining  of  money  ;  for  fixing  the  value  of  foreign  coin ;  for 
a  standard  of  weights  and  measures ;  for  securing,  for  lim- 
ited  times,  to   authors    and   inventors,   an    exclusive  right 
in   writings    and    discoveries  ;    for    post-offices    and    post- 
roads  ;    for  the  punishment  of  crimes  against  the  United 
States  ;  for  the  support  of  the  army  and  navy  ;  and  for  dock- 
yards, forts,  arsenals,  and  other  means  of  defence  ;  for  calling 
forth  the  militia,  to  execute  the  laws  of  the  Union,  suppress 
insurrections,  and  repel  invasions  ;  and  for  organizing,  arming 
and  disciplining  the  militia.     Congress  may  also  establish 
such  judicial  courts  as  are  necessary,  to  take  cognizance  of 
all  breaches  of  the  laws,  which  it  is  empowered  to  make.    All 
powers  necessarily  implied  in  those  expressly  given,  or  by  fair 
interpretation  of  the  terms  used,  are  also  granted. 

197.  The  regulation  of  the  moneyed  currency  is  among 
the  highest  powers  of  sovereignty,  and  includes  coining. 
The  word  coin  is  from  the  French  language,  and  signifies  a 
stamp.    Our  gold,  silver  and  copper  money  is  thus  derived  : — 
Congress  establishes  the  proportions  of  pure  metal  and  of  al- 
loy, and  the  weight  of  the  mixture,  which  makes  any  piece 
of  money.    The  treasury  of  the  United  States  buys  the  metal, 
causes  it  to  be  tried  at  the  mint,  and  prepared  in  the  circular 
form  in  which  we  see  it.     The  pieces  are  then  placed  under 
the  action  of  powerful  machinery  to  be  coined  or  stamped. 
The  money  is  paid  out  by  the  treasury,  and  so  gets  into  cir- 
culation.    Banks  and  individuals  may  have  bullion  (any  un- 
coined gold  or  silver)  coined  at  the  mint. 

Of   certain  Powers  vested  in  Congress. 

198.  Naturalization.     Congress  have  power  to  provide  by 
law  for  the  mode  in  which  persons  who  wero  born  in  other 
countries,  may  become  citizens  of  the  United  States.     Such 
persons  are  required  to  make  a  written  declaration,  before  a 
court,  that  they  have  the  intention  to  become  citizens.     If 


POLITICAL  CLASS  BOOK.  79 

they  continue  to  reside  in  the  country  two  years  (as  the  law 
now  is),  and  then  apply  to  be  admitted  as  citizens,  the  for- 
mer declaration  is  produced  to  the  court.  Witnesses,  to 
prove  residence,  and  the  fitness  of  the  applicant  to  become  a 
citizen,  as  to  moral  character,  and  attachment  to  the  consti- 
tution, are  examined.  The  applicant  is  required  to  make 
oath  that  he  renounces  all  allegiance  to  his  former  sovereign, 
and  that  he  will  bear  true  faith  and  allegiance  to  the  United 
States.  He  may  then  be  admitted  by  the  court  to  be  a  citi- 
zen, with  all  the  rights  and  duties  of  a  native  citizen.  If 
the  applicant  has  a  title  of  nobility,  he  must  renounce  that ; 
if  he  never  had  such  a  title,  he  must  swear  that  he  has  never 
been  of  any  order  of  nobility. 

199.  Bankruptcy.     The  meaning  of  this  word  is  denned 
in  a  subsequent  page.     Congress  have  power  to  establish  a 
uniform  system  of  bankruptcy.     This  power  was  exercised  in 
April,  1800,  by  passing  a  general  bankrupt  law.     This  law 
was  repealed  in  December,  1803.     Since  that  time,  many  un- 
successful attempts  have  been  made  in  Congress  to  carry 
this  power  into  effect.     The  intent  of  a  bankrupt  law  is, 
that  the  estate  and  effects  of  an  insolvent  person  may  be 
taken  from  him,  by  the  act  of  commissioners,  or  of  some 
court,  and  assigned  to  persons  chosen  by  the  creditors  of  the 
insolvent,  to  be  by  them  distributed  among  the  creditors,  ac- 
cording to  the  amount  of  their  respective  debts ;  the  insol- 
vent to  be  thereupon  discharged  from  all  claims  on  him,  if  a 
denned  portion,  in  number  and  value  of  the  creditors,  assent 
thereto.     Such  a  measure  seems  so  reasonable,  that  the  refu- 
sal of  Congress  to  adopt  it,  has  been  much  regretted  in  some 
parts  of  the  United  States.     The  principle  of  a  bankrupt  law 
is  not  objected  to,  but  a  majority  of  Congress  have  not  agreed 
on  the  details.     The  omission  to  exercise  this  power  has  led 
some  of  the  states  to  make  insolvent  laws.     This  power  may 
be  exercised  by  the  states,  in  a  modified  manner.    (See  note, 
on  this  subject,  at  the  end  of  the  volume.) 

200.  Patents.     Congress  have  the  power,  and  have  exer- 
cised it,  of  securing  to  the  authors  of  new  and  useful  inven- 
tions and  discoveries,  and  of  improvements  on  those  which  are 
known,  an  exclusive  right  of  making,  using  and  selling,  &c. 
for  the  term  of  fourteen  years.     This  object  is  effected   by 
petitioning  for  a  patent,  and  sending  with  the  petition  a 
description  of  the  invention,  discovery  or  improvement.    The 
application  is  submitted  to  the  attorney  general  of  the  United 
States ;  and,  if  he  finds  no  objection,  a  patent  is  issued  by  the 


80  POLITICAL  CLASS  BOOK. 

president,  under  the  seal  of  the  United  States.  A  patent  is 
a  writing  on  parchment,  setting  forth  the  patentee's  right  and 
exclusive  privilege.  Patent  was  originally  used  to  distin- 
guish an  open  letter  from  a  closed  or  sealed  one  ;  but  by 
usage  it  has  become  a  substantive,  instead  of  an  adjective. 
Every  inventor  is  required  to  swear,  or  affirm,  before  he  can 
receive  a  patent,  that  he  is  the  true  inventor,  or  discoverer, 
of  the  art,  machine,  or  improvement,  for  which  he  solicits  a  pat- 
ent. A  patent,  unless  it  be  for  a  frivolous,  or  obviously  useless 
object,  is  always  granted  when  applied  for ;  the  patentee  takes 
it  for  what  it  is  worth,  and  must  maintain  his  right  under  it, 
against  all  persons  who  choose  to  dispute  with  him  as  to  the 
originality,  or  other  fitness  of  the  object  patented  to  have 
been  so  exclusively  secured  to  him.  When  suits  arise  on 
patent  rights,  they  are  tried  in  the  courts  of  the  United  States, 
although  the  parties  are  citizens  of  the  same  state. 

201.  Congress  have  also  the  power,  and  have  exercised  it, 
of  securing  to  the  authors  of  books,  maps,  &,c.,  an  exclusive 
right  to  print  and  sell  them  during  fourteen  years ;  and,  un- 
der certain  circumstances,  for  a  further  and  like  term  next 
following  the  end  of  the  first.     This  right  is  secured  by  filing 
the  title  page  of  the  book  with  the  clerk  of  the  District  Court, 
who  makes  a  record,  and  gives  a  copy  of  it,  which  the  ap- 
plicant is  required  to  publish  in  a  newspaper.     This  may  be 
done  by  the  author,  or  proprietor  of  the  work ;  who  is  also 
required,  within  six  months  from  the  publishing  thereof,  to 
cause  a  copy  of  the  same  to  be  delivered  to  the  secretary  of 
state  of  the  United  States,  to  be  preserved  in  his  office.     In- 
fringement of  this  right  may  be  the  subject  of  suit  in  the  United 
States'  courts.     Patents  and  copy-rights  may  be  assigned  and 
transferred  to  others ;  and  the  assignees  have  all  the  rights 
which  the  original  parties  had.    The  number  of  patents  issued 
in  thirteen  years  next  preceding  1829,  was  3289.    Patent  rights 
are  sometimes  called  monopolies,  but  improperly  so.     There 
cannot  be  a  monopoly  in  this  country,  though  it  is  not  uncom- 
mon in  Europe.     This  means  an  exclusive  right  of  selling 
something,  in  virtue  of  a  public  grant,  and  is  derived  from 
two  Greek  words,  which  signify  only  and  seller. 

202.  Public  Debt.     Congress  have  power,  and  have  fre- 
quently exercised  it,  of  borrowing  money,  and  making  the 
United  States  debtor  therefor.     This  is  done  by  an  act  of 
Congress,  which  authorizes  the  secretary  of  the  treasury  (or 
any  other  person,  as  the  act  may  express)  to  borrow  money, 
and  issue  certificates  for  the  sums  borrowed.     The  act  ex- 


POLITICAL  CLASS  BOOK.  81 

presses  the  whole  sum  to  be  borrowed,  the  amount  of  inter 
est  to  be  paid,  and  the  time  when  the  principal  is  to  be  paid 
Books  of  subscription  are  opened  in  the  principal  cities,  and 
any  person,  who  chooses  to  lend,  subscribes.  Each  lender 
receives  a  certificate  that  he  is  a  creditor  of  the  United  States 
for  the  sum  by  him  loaned,  which  certificate  conforms  to  the 
act  authorizing  the  loan.  Of  these  certificates  a  registry  is 
made  at  some  one  of  the  branch  banks  of  the  United  States, 
as  the  practice  now  is;  formerly  there  were  loar:<ffices. 
Any  person,  who  is  the  owner  of  a  certificate,  can  sell  it ;  and 
in  such  case,  he  assigns  his  certificate  to  the  purchaser. 
That  certificate  is  produced  at  the  bank  (the  place  of  its  reg- 
istry), and  anew  certificate  is  issued  to  the  purchaser.  Such 
transfers  are  made  whenever,  and  as  often  as,  the  owner 
chooses  to  transfer,  and  without  any  expense  to  the  owner. 
The  interest  is  paid  quarterly  at  the  bank,  to  the  person  there 
registered  as  owner.  This  public  debt  is  known  by  the  gen- 
eral name  of  stocks.  It  always  has  a  market  value,  some- 
times above,  and  sometimes  below,  the  nominal  value.  It  is 
a  subject  of  speculation,  as  anything  else  may  be,  which  is 
bought  to  be  sold  on  the  expectation  of  profit.  Most  of  the 
nations  of  Europe  have  such  stocks.  Speculations  are  car- 
ried on  in  them  to  a  surprising  amount.  Fortunes  are  won 
and  lost  in  a  day.  Political  circumstances  affect  their  value 
so  sensitively,  that  the  rise  and  fall  of  stocks  in  the  market, 
is  the  measure  of  hope  and  fear,  as  to  political  changes,  just, 
as  the  thermometer  measures  the  state  of  the  atmosphere. 
The  present  public  debt  of  the  United  States  is  less  than  five 
cents  to  each  inhabitant  of  the  United  States ;  while  the 
public  debt  of  Great  Britain,  at  present,  is  something  more 
than  twenty-five  cents  to  each  inhabitant  of  the  whole  world. 
'203.  JPost-OJfice.  This  public  convenience  is  exclusively 
under  the  direction  of  the  government  of  the  United  States. 
It  is  established  and  regulated  by  law.  The  word  post  is 
said  to  be  thus  derived  :  Horses  were  placed  (positi,  in  Latin) 
at  certain  stations  on  the  road,  for  the  use  of  the  messengers 
(courriers,  meaning  runners  in  French)  employed  to  carry 
letters.  These  messengers  acquired  the  name  of  posts,  from 
their  connexion  with  the  horses  positi,  or  placed,  for  their 
use.  The  place  of  depositing  and  delivering  letters  acquired 
the  name  of  post-office.  The  word  office,  now  in  common 
use,  is  from  ojficina,  which  signifies  a  place  in  which  work 
is  done.  That  which  a  post  carries  (whether  in  a  carriage 
or  otherwise)  is  now  called  the  mail;  which  is  derived  from 


82  POLITICAL  CLASS  BOOK. 

the  French  word  matticr,  which  means  a  pack-horse  ;  or  from 
malle,  which  means  a  trunk  or  box.  The  postmaster-general, 
who  is  resident  at  the  seat  of  government,  contracts  for  the 
carrying  of  the  mails  throughout  the  United  States,  and  ap- 
points the  postmasters  everywhere  as  his  deputies.  Every 
letter,  paper,  pamphlet,  &c.,  is  charged  at  a  rate  established 
by  law,  according  to  weight  and  distance.  The  postage  is 
paid  either  at  the  place  of  deposit  or  delivery.  The  post- 
master-general has  a  fixed  salary.  The  compensation  of  dep- 
uties is  a  certain  sum  on  the  amount  received  by  them  for 
postage.  Civil  officers  at  the  seat  of  government,  and  mem- 
bers of  Congress,  while  in  session,  and  for  sixty  days  before 
and  after,  receive  letters  free  of  postage,  and  may  free  the 
letters  they  send  from  postage,  by  "  franking  "  them,  which 
is  done  by  writing  their  own  names  and  office  on  the  outside. 
The  revenue  derived  from  the  postage  of  letters,  has  generally 
been  equal  to  maintaining  the  post-office  establishment.  In  the 
year  1828,  the  number  of  post-offices  was  7530  ;  amount  of 
postage  received,  $1,659,915  ;  amount  paid  to  postmasters, 
$548,049;  mail  carried  over  1,086,313  miles.  Since  1828, 
the  number  of  post-offices  has  increased,  it  is  said,  to  8COO  ; 
and  the  number  of  miles  over  which  the  mail  is  carried  is 
annually  increasing.* 

204.  Regulation  of  Commerce.     This  power  is  vested  in 
Congress.     It  embraces  a  wide  field.     Great  difference  of 
opinion  has  arisen,  in  and  out  of  Congress,  as  to  the  extent 
and  objects  of  this  power.     There  were,  undoubtedly,  two 
great  objects  in  view ;  the  one,  that  the  intercourse  of  the 
citizens  with  foreign  nations,  from  all  ports  of  the  United 
States,  should  proceed  under  rules  common  to  all ;  the  'other, 
to  raise  a  revenue  from  commerce,  by  rules  applicable  to  all. 
To  go  further  in  this  notice,  would  be  to  enter  into  the  dis- 
cussion, which  involves  great  principles,  and  the  application 
of  them,  on  which  subject  there  is  great  difference  of  opin- 
ion in  the  United  States. 

205.  Weights  and  Measures.     The  power  of  regulating 
these  belongs  to  Congress.     This  power  is  necessarily  vested 
in  that  body,  because  the  revenue  from  commerce  is  connect- 

*  The  progress  of  this  country  is  best  shown  by  taking  insulated  facts,  at  dis- 
tant points  of  time.  It  is  within  the  recollection  of  persons  now  living,  thaf 
the  mail  was  sent,  between  Boston  and  New  York,  only  once  a  fortnight.  The 
same  carrier  came  all  the  way  on  horseback,  and  brought  the  letters  in  saddle- 
bags. At  this  time  (1830),  less  than  forty-eight  hours  are  sufficient,  and,  dur- 
ing two  thirds  of  the  year,  less  than  twenty-four  hours  are  sufficient,  for  com- 
munication between  the  two  cities,  as  well  for  travellers  as  for  letters. 


POLITICAL  CLASS  BOOK.  83 

ed  with  weighing  and  measuring  most  of  the  imported  arti- 
cles. Weights  and  measures  affect  all  citizens  of  the  United 
States  in  their  dealings ;  and  there  ought  to  be  a  common 
standard  throughout  the  country.  Some  very  able  reports 
have  been  made  on  this  subject,  but  Congress  has  not  exer- 
cised its  power  in  this  respect. 


CHAPTER  XVII. 

Revenue  and  Expenditure  of  the  United  States. 

206.  IT  is  obvious  that,  to  do  its  duty,  Congress  must  have 
the  command  of  money.     Wherefore  the  power  is  given  to 
Congress  to  raise  money  by  taxes,  imposts,  duties  and  ex- 
cises.    Since  the  adoption  of  the  national  government,  Con- 
gress have  caused  the  treasury  to  be  supplied,  two  or  three 
times,  by  direct  tax  on   landed   property,   throughout   the 
United  States  ;  and  by  laying  a  tax  on  spirits  distilled  in  the 
United  States,  and  on  pleasure  carriages. 

207.  The  income  derived  from  the  post-office,  the  sale  of 
public  lands,  and  from  the  duty  laid  on  importations  of  for- 
eign merchandise,  has  been  found  fully  sufficient  to  pay  all 
the  charges  incurred  on  account  of  the  nation,  in  time  of 
peace,  and  to  diminish  rapidly  the  public  debt,  incurred  in 
time  of  war. 

208.  The  duty  on  importations  is  thus  laid  and  collected  : — 
All  ships  and  vessels  ihat  belong  to  citizens  of  the  United 
States,  are  named,  measured  as  to  tonnage,  and  registered  or 
enrolled  in  the  custom-houses  established  in  the  seaports. 
These  vessels  always  carry  with  them  papers,  signed  by  the 
proper  officers  of  the  United  States,  showing  what  they  are, 
to  what   port   they  belong,  and  whose  property  they  are. 
When  they  depart  from  a  port,  they  must  have  a  certificate 
of  clearance  from  the  custom-house  ;  when  they  return  to  any 
port  of  the  United  States,  the  master,  if  he  comes  from  a  for- 
eign port,  makes  an  exact  statement  in  writing,  and  on  oath 
of  all  the  property  laden  on  board  his  vessel.     This  loading, 
or  cargo,  is  liable  to  pay  a  certain  sum  of  money  fixed  by  law 
of  Congress.     Every  article  which  can  be  imported,  is  men- 
tioned in  the  law ;  and  the  sum  also  with  which  it  is  charge- 
able (unless  exempted,  as  some  few  articles  are)  is  fixed  by 
the  same  law.     The  captain's  statement  is  called  a  manifest, 


84  POLITICAL  CLASS  BOOK. 

from  the  Latin  manifesto,  to  make  plain  or  clear.  It  con- 
tains the  names  of  persons  that  send  the  goods,  who  are  called 
consignors,  and  the  names  of  persons  to  whom  sent,  who  are 
called  consignees.  Consignees  appear  at  the  custom-house, 
and  claim  such  of  the  goods  mentioned  in  the  manifest,  as 
belong  to  them ;  make  a  list  of  them,  and  swear  to  the  truth 
of  its  conformity  to  the  manifest,  and  to  the  loading  of  the 
vessel,  which  act  is  called  an  entry.  The  amount  of  duties 
thereon  being  ascertained,  the  consignees  give  bond  therefor, 
with  sureties,  to  the  United  States,  payable  some  months  af- 
terwards. These  debts  are  to  be  paid  in  preference  to  all 
other  debts,  in  case  the  debtors  on  these  bonds  become  insol- 
vent ;  and  no  one,  who  has  become  insolvent,  can  assign  his 
property  to  creditors,  to  the  exclusion  of  the  claims  of  the 
government  on  these  bonds.  The  laws  of  the  United  States, 
which  regulate  the  payment  of  duties,  are  called  tariff  laws. 
Tariff  is  of  uncertain  origin  ;  it  is  said  to  have  meant  the 
book  of  rates.  When  these  bonds  are  given  at  the  custom- 
house, the  proper  officer  gives  to  the  consignee  a  written  per- 
mit to  receive  the  goods  from  the  vessel,  under  the  inspection 
of  an  officer,  whose  duty  it  is  to  see  that  the  goods  agree  with 
the  permit.  Violations  of  these  provisions  subject  the  ves- 
sel and  its  loading  to  condemnation,  on  trial  in  the  courts  of 
the  United  States.  The  custom-house,  as  it  is  called,  where 
this  business  is  done,  has  in  its  service  many  persons  who 
hold  offices,  and  perform  duties  required  by  law. 

209.  Attempts  are  sometimes  made  to  avoid  the  payment 
of  duties  by  getting  goods  on  shore  secretly,  which  is  called 
smuggling.     If  the  attempt  is  detected,  prosecutions  ensue  ; 
and  forfeitures,  and  penalties  by  fine,  may  be  inflicted.    When 
an  oath  is  required,  and  perjury  is  committed,  prosecution  fol- 
lows for  this  cause.     The  laws  relating  to  the  collection  of 
duties  necessarily  contain  a  great  many  provisions. 

210.  All  moneys  raised  under  the  laws  of  the  United 
States,  are  accounted  for  and  paid  into  the  treasury  of  the 
United  States.     No  money  goes  from  the  treasury  but  in  vir- 
tue of  a  law  of  Congress.     The  prominent  subjects  of  expen- 
diture are  the  following  : — 

211.  (1.)  The  salaries  of  all  executive  officers,  from  the 
president  down  to  the  lowest. 

(2.)  The  salaries  of  all  judicial  officers,  and  the  expenses 
of  administering  justice. 

(3.)  The  payment  of  members  of  Congress,  who  receive 
eight  dollars  a  day,  and  the  expenses  of  going  and  returning. 


POLITICAL  CLASS  BOOK.  8.1 

coniputing  twenty  miles  as  one  day.     They  decide  by  law 
Mow  much  they  are  to  be  paid. 

(4.)  The  expenses  of  the  army. 

(5.)  The  expenses  of  the  navy,  including  ship-building  ma- 
terials, dock-yards,  and  payment  of  all  officers  and  men,  and 
uaval  stores  of  all  sorts. 

(G.)  The  salaries  of  all  ministers  and  diplomatic  officers 
sent  to  foreign  countries. 

(7.)  Expenses  incident  to  the  intercourse,  treaties  and  con- 
tracts with  the  Indians. 

(8.)  The  expenses  of  printing  for  the  government. 

(9.)  The  expenses  drawn  forth  by  national  improvements. 

(10.)  The  public  buildings  at  Washington  and  other  places. 

(11.)  The  post-office  establishment,  which  has  heretofore 
been  able  to  pay  more  than  it  has  demanded. 

(12.)  Light-houses,  revenue-boats,  and  all  charges  incident 
to  the  collection  of  duties  in  the  custom-house. 

There  are  many  other  expenditures,  which  appear  in  the 
appropriation  bills,  as  passed  at  each  session  of  Congress. 
*  212.  The  House  of  Representatives  is  empowered  to  im- 
peach officers  of  the  United  States,  who,  in  such  case,  are 
tried  by  the  Senate,  in  the  same  mode  as  in  the  state  of  Mas- 
sachusetts. 

213.  Congress  has  the  power  to  continue  its  session  as  long 
us  it  thinks  the  public  service  requires.    Every  now  Congress 
must  assemble  on  the  first  Monday  of  December,  unless  some 
other  day  be  appointed  by  law  ;   and  it  may  sit  from  that  day 
till  twelve  o'clock  at  night  on  the  third  of  March,  which  fin- 
ishes the  two  years.     Its  authority  ends  then,  as  a  new  elec- 
tion will  in  the  mean  time  have  taken  place. 

214.  It  is  a  common  opinion,  that  the  sittings  of  Congress 
are  unnecessarily  long  ;  that  day  after  day  is  spent  in  unprof- 
itable debate.     It  is  a  rare  occurrence  in  the  British  parlia- 
ment, for  the  members  of  the  House  of  Commons  (more  than 
twice  as  numerous  as  the  United  States'  House  of  Represen- 
tatives) to  leave  their  seats  until  the  subject  under  debate  is 
finally  disposed  of.     It  is  no  uncommon  thing  for  a  debate  in 
Congress  to  last  for  days,  and  weeks.     Some  of  the  long 
speeches,  which  are  printed,  are  said  to  be  delivered  to  an  in- 
attentive audience.     It  must  be  admitted,  however,  that  in 
popular  governments,  ample  discussion  is  more  necessary  than 
in  those  in  which  discussion  may  not  have  much  effect  on 
the  final  result ;  or,  rather,  where  the  result  is  usually  as  well 
known  before  as  after  the  debate. 

8 


86  POLITICAL  CLASS  BOOK. 

CHAPTER  XVIII. 

The  Executive  of  the  United  States. 

215.  THE  executive  power  of  the  United  States  is  vested 
in  a  president,  who  is  chosen  for  four  years,  commencing  on 
the  fourth  day  of  March ;  and  in  certain  executive  depart- 
ments. 

216.  The  president  is  chosen  by  electors,  who  are  in  each 
state  the  same  in  number  as  the  number  of  senators  and  rep- 
resentatives.    Electors  are  chosen  in  each  state  in  such  man- 
ner as  its  legislature  may  direct. 

217.  Three  modes  have  been  used  ;  (1.)  by  the  state  leg- 
islatures ;  (2.)  by  having  the  candidates  for  the  office  of  elec- 
tor borne  on  one  ticket,  and  voted  for  throughout  the  state  ; 
(3.)  to  have  one  elector  chosen  in  one  congressional  district; 
or  two  or  three  electors  in  one  district ;  and  to  have  two  elec- 
tors voted  for  throughout  the  state.     The  practice  is  different 
in  different  states,  and  varies,  from  time  to  time,  in  the  same 
state. 

218.  The   constitution,  as  amended,  as  to  the  choice  of 
electors  and  election  of  president,  now  stands  thus  : — "  The 
electors  shall  meet  in  their  respective  states,  and  vote  by  bal- 
lot for  president  and  vice  president,  one  of  whom,  at  least, 
shall  not  be  an  inhabitant  of  the  same  state  with  themselves. 
They  shall  name  in  their  ballots  the  person  voted  for  as  pres- 
ident, and,  in  distinct  ballots,  the  person  voted  for  as  vice 
president ;  and  they  shall  make  distinct  lists  of  all  persons 
voted  for  as  president,  and  of  all  persons  voted  for  as  vice 
president,  and  of  the  number  of  votes  for  each  ;  which  lists 
they  shall  sign  and  certify,  and  transmit,  sealed,  to  the  seat 
of  the  government  of  the  United  States,  directed  to  the  pres- 
ident of  the  Senate.     The  president  of  the  Senate  shall,  in 
the  presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates,  and  the  votes  shall  then  be  counted. 
The  person  having  the  greatest  number  of  votes  for  president, 
shall  be  the  president,  if  such  number  be  a  majority  of  the 
whole  number  of  electors  appointed  ;  and  if  no  person  have 
such  majority,  then,  from  the  persons  having  the  highest  num- 
bers, not  exceeding  three,  on  the  list  of  those  voted  for  as 
president,  the  House  of  Representatives  shall  choose  imme- 
diately, by  ballot,  the  president.     But  in  choosing  the  presi- 
dent, the  votes  shall  be  taken  by  states,  the  representation 


POLITICAL  CLASS  BOOK.  87 

from  each  state  having  one  vote.  A  quorum*  for  this  pur- 
pose shall  consist  of  a  member,  or  members,  from  two  thirds 
of  the  states ;  and  a  majority  from  all  the  states  shall  be  ne- 
cessary to  a  choice.  And  if  the  House  of  Representatives 
shall  not  choose  a  president,  whenever  the  right  of  choice 
shall  devolve  upon  them,  before  the  fourth  day  of  March  next 
following,  then  the  vice  president  shall  act  as  president,  as 
in  the  case  of  the  death  or  other  constitutional  disability  of 
the  president. 

"  (2.)  The  person  having  the  greatest  number  of  votes  as 
vice  president,  shall  be  the  vice  president,  if  such  number  be 
a  majority  of  the  whole  number  of  electors  appointed  ;  and 
if  no  person  have  a  majority,  then,  from  the  two  highest  num- 
bers on  the  list,  the  Senate  shall  choose  the  vice  president.  A 
quorum  for  the  purpose  shall  consist  of  two  thirds  of  the 
whole  number  of  senators,  and  a  majority  of  the  whole  num- 
ber shall  be  necessary  to  a  choice. 

"  (3.)  But  no  person  constitutionally  ineligible  to  the  office 
of  president,  shall  be  eligible  to  that  of  vice  president  of  the 
United  States."t 

219.  The  president's  compensation  is  fixed  by  Congress. 
It  has  always  been  $25,000  a  year.  On  entering  office,  he 
takes  an  oath  to  perform  the  duties  of  president,  and  that  he 
will  preserve,  protect  and  defend  the  constitution  of  the 
United  States.  These  duties  are  complicated  and  various. 
Many  of  them  arise  by  implication.  Those  expressed  in  the 
constitution  are,  that  he  shall  command  the  army  and  the 
navy ;  and  the  militia,  when  called  into  actual  service  of  the 
United  States.  He  may  grant  pardons  and  repiieves,  except 
in  cases  of  impeachment.  He  nominates  all  officers,  civil 
and  military,  to  the  Senate,  except  some  inferior  ones  other- 
wise appointed,  and  the  assent  of  the  Senate  is  necessary  to 
the  appointment.  The  most  important  of  these  exceptions  is 
the  appointment  of  deputy  postmasters,  some  of  whom  have 
very  lucrative  offices.  He  may  make  treaties,  by  the  agency 
of  persons  authorized  by  him,  with  all  foreign  powers  ;  and, 
if  the  Senate  concur,  treaties  become  the  supreme  law,  and 
binding  on  all  other  branches  of  the  government,  and  on  the 
states.  He  fills  offices  when  the  Senate  are  not  sitting,  who 
may  dissent  when  they  meet.  Such  appointments  are  void 

*  Quorum  means  this  : — The  whole  body  being  a  certain  number,  a  portion 
of  the  whole,  beins*  present,  may  act.  Thus,  it' the  whole  be  100,  70,  quorum, 
that  is,  of  whom,  shall  have  power  to  do  the  act  required. 

i  See  Art.  2d,  Sec.  1st,  clause  3d. 


SS  POLITICAL  CLASS  BOOK. 

at  the  end  of  the  next  session  of  Congress,  if  a  nomination  be 
not  made  to,  and  confirmed  by,  the  Senate.  It  is  the  presi- 
dent's duty  to  inform  Congress,  by  speech  or  message,  of  tho 
>tate  of  the  Union.  He  receives  foreign  ambassadors.  He 
commissions  all  officers  of  the  United  States.  If  the  two 
branches  of  Congress  disagree  as  to  the  time  of  adjournment, 
he  may  adjourn  them  to  such  time  as  he  thinks  proper.  Con- 
gress vests  in  him  particular  powers  and  duties,  from  time  to 
time,  by  law.  No  civil  officer,  nor  member  of  either  branch 
of  Congress,  nor  secretary  of  any  department,  nor  even  the 
president,  is  Honorable  or  Excellent,  by  the  constitution.  A!! 
the  titles  usually  given,  are  merely  by  courtesy. 


CHAPTER  XIX. 

Heads  of  Department. 

"220.  THE  constitution  does  not  provide  expressly  for  the 
establishment  of  executive  departments ;  but  it  recognizes 
Mich  departments,  and  also  that  there  may  be  appointments 
to  office  by  "  the  heads  of  departments."  The  several  de- 
partments now  existing  are  established  by  law.  These  are, 
(I.)  of  state  ;  (2.)  of  the  treasury  ;•  (3.)  of  the  navy  ;  (4.)  oi' 
war.  Others  may  be  established.  Officers  are  appointed  in 
each  department,  by  nomination  of  the  president  and  approval 
by  the  Senate,  who  are  called  secretaries.  The  performance 
of  duty  by  law  required  in  these  departments,  is  distributed 
among  many  officers,  of  whom  the  secretary  is  the  chief  or 
head. 

221.  The  president  may  call  on  those  secretaries  for  writ- 
ten opinions  relating  to  the  subjects  which  are  under  their 
management,  respectively.     By  the   aid  of  subordinate  olii- 
cers,  and  numerous  clerks,  exact  records  are  kept  of  the 
transactions  of  these  departments. 

222.  The  secretaries  of  the  treasury,  of  the  army,  and  of 
the  navy,  make  an  official  statement  of  the  affairs  of  their  de- 
partments, which  is  laid  before  Congress,  at  the  first  session. 
The  statement  contains  an  account  of  the   acts  done,  and 
such  as,  in  the  opinion  of  these  officers,  should   be  done. 
Affairs  relating  to  the  Indians  belong  to  the  department  of 
the  secretary  at  war.     The  secretaries  are  frequently  requir- 
ed by  the  House,  and  by  the  Seriate,  to  ifurnish  information 


POLITICAL  CLASS  BOOK.  89 

from  the  records  and  documents  kept  in  their  offices.  The 
secretaries  are  usually  called  "  heads  of  departments."  There 
is  a  board  of  commissioners  for  the  navy,  a  recent  establish- 
ment by  law. 

223.  A  law  officer  resides  at  the  seat  of  government,  who 
is  called  the  "  attorney  general  of  the  United  States."     His 
duties  are  to  attend,  in  the  Supreme  Court,  to  all  cases  in 
which  the  United  States  is  a  party,  or  interested  ;  to  give  le- 
gal opinions  on  the  construction  of  the  laws ;  to  examine  all 
claims  for  the  issuing  of  patents  for  inventions,  and  to  allow 
patents,  if  in  his  opinion  the  claim  is  well  founded.     Other 
duties,  express  and  implied,   are  performed  by  him ;  and 
special  duties  may  be  required,  by  law  of  Congress.     He  is 
not  restricted  from  engaging  as  counsel  in  causes  in  which 
the  United  States  are  not  a  party,  or  interested. 

224.  The  secretary  of  state  is  the  official  organ  of  commu- 
nication with  all  ministers  and  agents  sent  to  the  United 
States  by  foreign  governments.     He  corresponds  with  Amer- 
icarn  ministers  and  agents  resident  abroad.     His  duties  bring 
him   into   intimate  connexion    with   the   president,   who   is 
presumed  to  know  in  what  manner  he  performs  them.     The 
president  expresses  his  official  opinions,  in  all  diplomatic  in- 
tercourse, through  this  officer. 

225.  Diplomacy  signifies  the  communications  which  are 
made  between  independent  nations,  by  their  respective  min- 
isters or  agents.     The  Latin  word  diploma  means  a  charter, 
or  writing  ;  and  diplomacy  is  supposed  to  be  derived  from  the 
kind  of  written  credential  which  such  agents  bear,  authenti- 
cated by  the  national  seal ;  which  seal  is  the  admitted  evi- 
dence of  facts  certified  under  its  authority. 

226.  The  secretaries,  attorney  general,  and  all  officers  and 
clerks,  are  paid  fixed  salaries,  which  are  provided  for  in  the 
appropriation  bill,  or  law  of  Congress,  passed  at  every  ses- 
sion.    This  bill  includes  all  the  ordinary  expenditures  of  gov- 
ernment, and  provides  for  all  payments  to  be  made  in  behalf 
of  the  nation,  excepting  where  a  special  act  is  proper. 

227.  Excepting  that  the  constitution  authorizes  the  presi- 
dent to  require  the  written  opinion  of  the  heads  of  depart- 
ments, on  any  subject  relating  to  the  duties  of  their  respec- 
tive offices,  he  has  no  council.     He  acts  on  his  individual  re- 
sponsibility.    The  attorney  general  is  frequently  called  on 
(though  not  so  provided  for  in  the  constitution)  for  his  opin- 
ion, by  the  president. 

228.  It  is  understood  that  General  Washington  availed 

8* 


90  POLITICAL  CLASS  BOOK. 

himself  of  the  written  opinion  of  the  secretaries,  and  of  the 
attorney  general ;  but  that  he  decided  for  himself,  with  the 
light  derived  from  these  sources.  He  construed  the  constitu- 
tion to  mean,  that  the  president  may  obtain  information  and 
advice  as  he  may  see  fit ;  but  that  he  alone  is  answerable  to 
the  people  for  his  acts,  and  their  consequences.  How  far 
the  same  course  has  been  followed  by  his  successors,  is  not 
generally  known. 

229.  The  four  secretaries,  and  the  attorney  general,  are 
spoken  of  as  "  the  cabinet,"  or  private  council,  of  the  presi- 
dent. 

230.  The  vice  president  has  no  official  relation  to  the  ex- 
ecutive department     He  is  known  only  as  the  presiding  oili- 
cer  in  the  Senate. 

231.  It  is  the  opinion  of  many  intelligent  persons,  that  the 
labors  of  conducting  the  government  could  be  more  easily 
and  correctly  performed,  by  the  establishment  of  a  Home  De- 
partment ;  in  other   words,   a  further  division  of  executive 
labors.     Some  duties  would  be  taken  from  each  of  the  exist- 
ing departments,  and  concentrated   in  a  home   department. 
The  affairs  of  this  country  are  become  so  extensive  and  com- 
plicated, as  to  make  suchjin  amendment  of  the  system  almost 
indispensable.     Those  who  think  so,  are  not  agreed  on  the 
mode  of  doing  it. 


CHAPTER  XX. 

Judicial  Power. 

232.  EVERY  state  in  the  Union  constitutes  one,  or  is  di- 
vided into  two,  judicial  districts  of  the  United  States.  There 
is,  in  each,  a  district  judge,  nominated  by  the  president, 
and  approved  by  the  Senate,  and  commissioned  by  the  presi- 
dent. His  powers  relate  to  causes  arising  under  the  laws 
made  for  the  collection  of  duties ;  to  seizures  of  goods,  alleged 
to  be  forfeited  ;  to  penalties  and  forfeitures,  under  the  United 
States'  laws ;  to  certain  cases  where  aliens  and  foreign  con- 
suls are  parties  ;  and  to  certain  crimes,  of  inferior  grade,  com- 
mitted against  the  laws  of  the  United  States,  whether  on  land 
or  sea.  Trials  arising  on  contracts  for  seamen's  wages  arc 
had  in  the  District  Court.  In  some  cases,  the  judge  proceeds 
with  a  jury,  and  in  others  without,  according  to  the  nature 


POLITICAL  CLASS  BOOK.  91 

of  the  case.  In  each  district,  there  is  a  law  officer,  called 
the  "  district  attorney."  His  duty  is  to  institute  suits  for  the 
United  States,  and  to  conduct  all  prosecutions  and  trials  on 
indictment.  There  is  also  in  every  district  a  marshal,  whose 
duty  is  similar  to  that  of  a  sheriff. 

233.  The  United  States  are  divided  into  circuits.     Two 
or  more   states  comprise  a  circuit.     For  example,  Maine, 
New  Hampshire,  Massachusetts  and  Rhode  Island  are  the 
first  circuit.     Each  of  these  states  is  a  district.     The  judge 
of  the  Supreme  Court,  residing  within  this  circuit,  holds  a 
court  in  each  district,  called  a  Circuit  Court,  together  with 
the  judge  of  the  district  in  which  the  court  is  held. 

234.  The  Circuit  Court  tries  causes  between  citizens  of 
different  states,  between    aliens  and  citizens,  and  cases  in 
which  the  United  States  is  a  party.     It  receives  an  appeal  in 
some  cases  from  the  District  Court.     This  court  sits  in  four 
different  capacities  : — 1st,  as  a  court  of  common  law  ;  2d,  as 
a  court  of  equity,  otherwise  called  a  "  court  of  chancery,"  in 
which  there   is  no  trial  by  jury,  but  the  party  complaining 
states  his  complaint  in  a  bill  of  equity,  and  the  party  com- 
plained of  makes  his  defence  in  a  written  answer,  which  is 
among  the  very  few  cases,  in  the  administration  of  justice, 
wherein  that  which  a  party  says  for  himself,  is  evidence  ;  3d, 
as  a  maritime  court,  that  is,  a  court  trying  matters  relating 
to  affairs  on  the  high  seas  ;  in  time  of  war,  it  tries  all  cases 
of  prizes,  on  appeal  from  District  Courts,  and  proceeds  to 
condemnation  of  the  property  captured ;  4th,  as  a  court  for 
the  punishment  of  crimes  against  the  laws  of  the  United 
States. 

235.  It  is  the  (jourt  of  the  highest  power  known  under  the 
laws  of  the  United   States,  in  criminal  cases.     It  proceeds 
with  a  grand  jury  and  petit  jury.     It  has  power  to  try  all  of- 
fences punishable  with  death  ;  as  murder,  in  forts,  arsenals, 
and  places  ceded  by  the  states  to  the  United  States,  for  na- 
tional uses,  and  on  board  ships  of  war  in  time  of  peace,  and 
when  not  within  the  body  of  a  county,  or  harbor  ;  and  pira- 
cy, which  is  robbing  on  the  high  seas.     Piracy  includes  also, 
by  the  law  of  the  United  States,  carrying  on  the  slave  trade  ; 
which  means  going  to  the  coast  of  Africa,  and  buying  the 
natives  of  that  country,  and  transporting  them  over  sea,  to  be 
sold  as  slaves.     This  provision  first  appeared  in  the  law  of 
this  country.     In  short,  all  crimes  prohibited  by  the  laws  of 
the  United  States,  are  tried  and  punished  in  this  court,  except 
the  inferior  ones,  which  the  district  judge  tries. 


92  POLITICAL  CLASS  BOOK. 

236.  The  proceedings  of  this  court  are  revised  by  the  Su- 
preme Court  of  the  United  States,  either  by  appeal  or  writ  of 
error  ;  or  where  a  case  goes  up  on  difference  of  opinion  be- 
tween the  two  judges. 

237.  The  jurisdiction  of  this  court  is  not  exclusive,  in 
some  civil  causes.     An  alien  has  his  election  to  sue  in  the 
Circuit  Court  or  state  court.     A  citizen  may  sue  an  alien,  or 
citizen  of  another  state,  in  either  ;  such  defendants  may  trans- 
fer the  case  into  the  Circuit  Court.     The  Circuit  Court  can- 
not, in  any  case,  require  a  citizen  to  appear,  and  submit  to 
its  jurisdiction,  unless  he  is  a  citizen  of  the  state  in  which 
the  court  is  held,  or  is  found  in  that  state  when  the  suit  is  in- 
stituted. 

238.  The  Supreme  Court  of  the  United  States  is  compos- 
ed, at  present,  of  seven  judges,  who  are  the  same  judges  who 
hold  the  Circuit  Courts  before  mentioned,  and  who  convene 
at  the  city  of  Washington,  annually,  in  the  month  of  January, 
and  sit  six  or  eight  weeks.     This  court  has  original  jurisdic- 
tion in  some  few  and  rare  cases,  and  among  them  those  in 
which  a  foreign  ambassador  is  party.     Its  principal  employ- 
ment is  to  rejudge  cases  which  come  up  from  the  Circuit 
Courts. 

239.  When  the  constitution  or  laws  of  the  United  States 
come  in  question,  in  the  highest  court  in  a  state,  and  are 
there  judged  of,  a  writ  of  error  may  be  brought,  whereby  the 
case  is  transferred  to  the  Supreme  Court  of  the  United  States, 
and  the  decision  of  the  state  court  may  be  affirmed  or  re- 
versed.    This  provision  is  a  necessary  one,  that  the  constitu- 
tion and  laws  of  the  Union  may  be  finally  judged  of  in  one 
tribunal,  and  that  there  may  not  be  discordant  judgments  in 
the  like  matters.     When  the   Supreme  Court  reverses  the 
judgment  of  a  state  court,  it  issues  a  mandate  or  command 
to  the  state  court  to  conform  its  judgment  to  that  of  the  Su- 
preme Court.     But  the  Supreme  Court  of  the  state,  it  is  pre- 
sumed, would,  on  receiving  such  mandate  or  command,  ex- 
amine for  itself,  whether  this  high  power  had  been  constitu- 
tionally exercised  ;  since  no  one  court  can  command  anoth- 
er, but  in  virtue  of  a  constitutional  authority  legally  applied. 

240.  The  cases  in  the  Supreme  Court  are  argued  with  so- 
lemnity and  ability.     They  are  usually  of  great  importance 
as  to  value  and  principle.     They  receive  the  most  faithful 
deliberation,  and  are  pronounced  upon  with  eminent  dignity 
and  learning.     They  are  made  public  by  an  annual  volume 
of  Reports,  which  are  books  of  high  authority. 


POLITICAL  CLASS  BOOK.  93 

CHAPTER   XXI. 

Tkc,  Army,  Navy,  and  Militia. 

211.  AMONG  all  civilized  nations,  it  is  an  established  prin- 
ciple, that  each  nation  is  sovereign  within  its  own  territory. 
The  form  of  government,  and  the  internal  policy,  are  the  con- 
cern of  each  nation,  and  not  that  of  any  other.  It  is  only  in 
the  acts  of  nations,  their  citizens  or  subjects,  affecting  other 
nations,  their  citizens  or  subjects,  that  nations  are  considered 
us  interested.  But  this  principle  does  not  prevent  one  na- 
tion from  attempting,  by  force,  to  compel  another  to  do  or 
yield  something  ;  much  less  does  it  prevent  one  nation  from 
attempting,  with  or  without  justifiable  cause,  to  conquer,  and 
to  extend  its  empire  over,  another. 

243.  The  controversies  which  thus  arise  between  nations, 
raid  which  are  carried  on  by  armed  force  and  violence,  and  in 
which  each  strives  to  inflict  on  the  other  all  the  sufferings 
which  are  practicable,  by  destruction  of  life,  and  the  destruc- 
tion or  seizure  of  property,  public  or  private,  are  called 
wars. 

243.  As  nations  have  not  agreed  on  any  mode  of  settling  na- 
tional quarrels,  otherwise  than  by  force,  each  nation  consid- 
ers itself  to  be  undeir  the  necessity  of  providing  the  means  of 
vindicating  its  rights,  and  of  defending  itself  against  all  at- 
tacks which  may  be  made  on  it.     These  means  consist  in 
having  armies  and  navies,  or  in  having  the  population  of  the 
country  armed  and  disciplined  as  soldiers,  or  in  having  all 
these  means  at  the  same  time. 

244.  The  practice  in  our  country  is,  to  keep  a  certain 
number  of  officers  and  soldiers  (at  present  about  six  thousand) 
us  an  army.     They  are  distributed  among  all  the   forts  and 
arsenals,  and  are  consequently  few  in  any  one  place.     The 
naval  establishment  is  held  to  be  indispensable,  from  our  ex- 
tensive sea-coast ;  and  it  is  the  wise  policy  of  our  government 
gradually  to  strengthen  it,  by  the  addition  of  ships,  the  estab- 
lishment of  dock-yards,  and  the  increase  of  materials,  to  be 
used  as  occasions  may  require.     A  standing  army  is  not  so 
much  a  favorite  with  the  people  of  this  country  as  a  navy. 
Armies  have  sometimes  been  turned  to  subdue  those  whom 
ihey  were  organized  to  protect,  and  thence  arises  a  natural 
jealousy.     But  a  navy  is  less  adapted  to  aid  the   views  of 


94  POLITICAL  CLASS  BOOK. 

usurpation.     Neither  is  it  likely,  in  any  probable  circurr.sta:i 
ces  of  our  country,  to  be  used  in  subverting  our  freedom. 

Minors  sometimes  enlist  in  the  army.  A  contract  for  such 
service,  like  most  other  contracts  made  by  minors,  is  void. 
A  minor,  so  enlisted,  may  be  freed  by  a  writ  of  habeas  corpus. 
Anciently,  all  writs  were  in  the  Latin  language.  This  writ 
has  its  name  from  the  two  words  above  mentioned,  which 
were  used  therein.  Any  person,  illegally  deprived  of  his  lib- 
erty, may  petition  to  a  court,  or  to  a  judge,  and  state  his 
cause  of  complaint.  A  writ  may  thereupon  be  ordered,  ad- 
dressed to  the  party  complained  of,  who  is  therein  command- 
ed to  have  the  body  (in  Latin,  habeas  corpus)  of  the  person 
confined,  before  the  court  or  judge.  This  writ  being  obeyed, 
the  court,  or  judge,  inquires  into  the  cause  of  confinement, 
and  grants  relief,  if  it  ought  to  be  granted.  In  the  case  of 
an  enlisted  minor,  his  father,  or  any  friend,  may  petition  in 
ins  behalf  for  such  writ.  If,  on  inquiry,  he  is  found  to  be  a 
minor,  and  held  against  his  will,  or  that  of  his  father,  he  is 
discharged  from  his  enlistment,  by  order  of  the  court,  or 
judge. 

245.  The  framers  of  the  constitution  appear  to  have  con- 
sidered, that  the  natural  and  cheap  defence  of  our  country  is 
to  be  found  in  the  militia.     They  have,  therefore,  provided 
for  the  existence  of  such  a  power,  in  a  manner  designed  to 
effect  the  intended  purpose,  but  carefully  avoiding  the  use 
of  it  for  improper  purposes.     The  Convention  of  1787  must 
have  found  the  adjustment  of  the  various  interests  embraced 
in  this  subject,  a  delicate  and  difficult  duty.    No  constitution 
would   have  been  adopted  by  the  people,  which  placed  the 
armed  citizens  of  the  country  under  the  military  orders  of  the 
national  rulers.     On  the  other  hand,  the  best  use  could  not 
be  made  of  this  power,  for  the  common  defence  of  the  coun- 
try, if  it  were  not  placed,  to  some  extent,  under  such  orders. 
The  middle  course  adopted  was,  to  make  partition  of  the 
power,  and  to  vest  a  part  of  it  in  the  national  government, 
and  to  secure  a  part  to  the  state  government. 

246.  To  the  United  States  belongs  the  power  of  organiz- 
ing, arming,  and  disciplining  the  militia,  and  of  governing 
such  part  of  it  as  may  be  called  into  the  national   service. 
To  the  states,  respectively,  belong  the  appointment  of  officers, 
and  the  training  of  the  militia,  according  to  the  discipline 
prescribed  by  Congress.     When  not  in  the  actual  service  of 
the  nation,  the  militia  is  commanded   by  the  governors  of 


POLITICAL  CLASS  BOOK.  95 

states,  and  subordinate  officers.  Organizing  means,  the  for- 
mation into  bodies  of  men,  and  the  denomination  and  rank 
of  officers.  Arming  means,  prescribing  the  sort  of  arms 
which  are  to  be  used  by  the  infantry,  cavalry,  artillery,  and 
other  descriptions  of  force.  Disciplining  means  the  mode  in 
which  the  armed  and  organized  bodies  shall  be  instructed, 
and  required  to  use  their  arms.  It  cannot  be  objected  to,  in 
principle,  that,  when  the  militia  are  called  into  actual  service, 
they  shall  be  governed  by  the  rules  which  Congress  has  pre- 
scribed for  the  government  of  the  troops  of  the  United  States. 
It  is  possible  that  this  power,  like  all  other  powers,  may  be 
misapplied,  or  abused  ;  but  that  it  may  so  be,  is  not  a  reason- 
able ground  t>f  jealousy. 

247.  There  is  a  balancing  power  against  usurpation  and 
abuse,  in  reserving  to  the  states  the  appointment  of  officers, 
and  in  the  training  of  the  militia  under  such  officers,  accord- 
ing to  state  laws,  though  in  conformity  to  the  discipline  pre- 
scribed by  Congress. 

What  may  be  the  practical  result  of  the  system,  in  possible 
events,  must  be  left  to  time  to  disclose.  But  hitherto  no  ex- 
perience has  shown,  that  the  system  itself  could  have  been 
more  wisely  ordered. 

248.  The  power  reserved   to  the  states  is  exercised,  in 
Massachusetts,  by  electing  the  generals  of  divisions  of  militia 
(of  which  there  are  seven  in  the  state),  by  concurrent  vote 
of  the  two  branches  of  the  legislature.     Divisions  are  com- 
posed of  two  or  more   brigades.     Generals  of  brigade   are 
elected  by  the  written  votes  of  field  officers  ;  that  is,  colonels, 
lieutenant-colonels,  and  majors  of  regiments.     Field  officers 
are  elected  by  the  written  votes  of  the  captains,  lieutenants 
and  ensigns  of  the  companies  in  each  regiment ;  and  the  lat- 
ter, by  written  votes  of  the  members  of  companies.    All  these 
officers  are  commissioned  by  the  governor,  and  sworn  to  the 
faithful  performance  of  their  duty. 

249.  Some  persons  think  it  would  be  wiser  for  us  to  de- 
pend on  the  standing  troops  of  the  United  States,  or  to  believe 
and  act  as  though  there  never  could  be  any  call  for  defence. 
Others  think,  that  those  who  have  property  and  families,  but 
who  are  incapable  of  defending,  or  who  can  purchase  exen-ip- 
lion,  and  those  who  can  and  will  defend,  should  be  held  to 
some  just  equalization  of  the  charges  and  labors  of  defence. 
Which  of  such  persons  are  right,  well  deserves  the  consider- 
ation of  those  who  have  the  good  sense  to  know  what  the 
value  of  their  possessions  and  privileges  is ;  and  of  those, 


00  POLITICAL  CLASS  BOOK. 

also,  who  are  intrusted  with  the  power  of  providing  for  the 
common  safety.  It  is  true,  that  the  present  militia  system  in 
Massachusetts  does  not  hold  that  place,  in  general  respect  and 
'  steem,  which  naturally  belongs  to  the  honor  and  dignity  of 
self-defence,  and  to  the  power  of  maintaining,  against  any  force, 
the  highest  order  of  political  blessings  which  human  society  has 
experienced. 


CHAPTER  XXII. 

The  Laws  of  Nations. 

250.  IT  is  a  common  opinion,  that  the  laws  of  nations  can 
be  understood  only  by  lawyers,  judges  and  statesmen.     This 
may  have  arisen  from  the  circumstance,  that  the  subject  has 
been  treated  of  by  eminent  men  in  so  extensive  and  learned 
a  manner,  that  their  works  are  not  adapted  to  common  use. 
It  is  believed  that  this  branch  of  law  can  be  understood  by 
any  youth,  who  can  understand  the  nature  and  force  of  moral, 
}X)litical,  or  religious  law. 

251.  Both  natural  and  revealed  Jaw  forbid  that  man  should 
destroy  the  life  of  man  ;  and  also  that  any  injustice  should  bo 
done  between  man  and  man,  concerning  property,  liberty  and 
lame.     Human  law  defines  the  law  of  nature  and  of  revela- 
tion, and  annexes  the  earthly  penalty  and  consequence,  and 
establishes  tribunals  to  apply  this  law  to  cases  as  they  arise. 
There  are  commands  and  prohibitions  in  natural  and  revealed 
lav,-,  which  human  tribunals  ci'.nnot  enforce.     These  laws 
enjoin   benevolence,   kindness,  charity,  decency,  &c.     For 
the  breach  of  these  laws,  called  by  writers  imperfect  obliga- 
tions, no  action  can  be  brought  into  courts  of  justice.     If  one 
says  of  another,  that  he  is  a  liar,  that  he  is  avaricious,  that  he 
is  injurious  in  his  dealings,  the  offended  party  has  no  rem- 
edy, but  that  which  he  can  get  by  calling  on  the  offender  to 
take   back  what  he  has  said  ;  or  by  his  own  conduct  and 
character,  to  show  that  the  assertion  is  untrue  ;  or  taking 
rengeance  into  his  own  hands,  and  committing  a  crime  by 
personal  violence.     Among  vulgar  persons,  the  result  is  an 
issault ;  among  those  who  govern  themselves  by  what  they 
;:all  the  laws  of  honor,  the  result  is  a  duel,  in  which  the  one 
party  or  the  other,  or  both,  may  be  killed. 

252.  Nations  hold  much  the  same  sort  of  relation  to  each 
other,  which  individuals  in  society  hold  towards  each  other, 


POLITICAL  CLASS  BOOK.  97 

as  to  those  duties  which  are  not  noticed  in  courts  of  justice. 
There  are  no  courts  tor  the  settlement  of  national  crimes  or 
claims.  Each  nation,  whether  great  or  small,  powerful  or 
weak,  is  entirely  independent  of  every  other  ;  and  when  na- 
tional quarrels  arise,  the  offended  party  must  get  justice  as  it 
can,  or  go  without  it,  or  have  recourse  to  violence,  that  is,  to 
war.  Nations  resort  to  the  laws  of  honor,  and  may  be  said 
to  fight  duels.  Most  of  the  wars  which  have  happened,  are 
as  absurd  and  wicked  as  duels  between  individuals  usual- 
ly are. 

253.  That  which  the  learned  writers  on  national  law  have 
done,  is,  to  discuss  the  principles  on  which  national  law  rests. 
Those  who  are  most  approved,  consider  national  law  to  be 
the  law  of  nature,  applied  to  the  affairs  of  nations  in  their 
dealings  with  each  other.     Their  works  consist  of  opinions, 
enforced  and  illustrated  by  thousands  of  historical  events. 
They  describe  what  has  been,  and  what  ought  to  be,  among 
nations.     But  when  two  or  more  nations  have  a  quarrel  on 
hand,  they  regard  these  opinions  as  little  as  two  angry  and 
imbittered  individuals  regard  the  precepts  of  natural  and  re- 
vealed law.     Nations  attend,  in  such  cases,  to  the  sense  of 
self-respect,  to  their  own  interests,  and  to  the  consequences 
of  war  ;  individuals  have  an  eye  to  public  opinion  and  courts 
of  justice,  if  they  have  no  worthier  restraint. 

254.  The  law  of  nations  may  be  divided,  for  our  present 
purpose,  into  three   kinds  : — First,   matters  of  opinion,   as 
above  stated. 

Secondly,  usages,  or  customs,  which  have  been  so  long  ob- 
served, that  all  civilized  nations  are  considered  as  bound  by 
them  ;  just  as  honest,  well-behaved  persons  are  understood 
to  mean  to  be  governed  by  established  rules  of  conduct,  in 
their  intercourse  with  each  other. 

The  third  kind  of  national  law  consists  of  positive  con- 
tracts, or  treaties. 

255.  (1.)  Matters  of  opinion.    To  explain  this,  let  us  sup- 
pose that  the  states  had  not  been  united,  or  that  the  Union 
were  dissolved,  and  that  New  Hampshire  had  declared  war 
against  Rhode  Island.     May  New  Hampshire  send  an  army 
through  Massachusetts  ?     This  question  may  be  divided,  and 
subdivided,  and  argued.     An  octavo  volume  might  be  written 
on  it ;  but  it  would  contain  opinions  and  reasonings  only, 
which  the  interested  parties  might,  or  might  not,  respect.     It 
is  obvious,  that  there  cannot  be  any  court  of  justice,  in  which 

9 


98  POLITICAL  CLASS  BOOK. 

rights,  duties  or  claims,  arising  in  such  case,  can  be  settled, 
or  inquired  into. 

256.  (2.)  Customary  law  or  usage.     On  this  it  may  be  re- 
marked, that,  as  the  true  spirit  of  Christianity  has  been  more 
and  more  diffused  and  understood,  usage  has  become  more 
and  more  liberal  and  humane.     Commerce  has  had  a  power- 
ful effect  in  disclosing  to  nations  their  true  interests.    Society 
grows  better  and  better,  as  men  become  more  and  more  tem- 
perate, honest,  industrious  and   intelligent.     So  nations  be- 
come more  and  more  improved,  as  they  facilitate  intercourse, 
and  promote  each  other's  welfare,  in  all  things  consistent 
with  their  own. 

257.  Mutual  convenience  or  utility  is  the  foundation  of 
the  customary  law  of  nations.     One  nation  may  be  supposed 
to  say  to  another,  I  will  do  so  and  so,  if  you  will  do  the  like. 
Long^continued  usage  settles,  that  the  proposition  has  been 
thus  mutually  agreed  to. 

258.  Thus  it  is  the  universal  practice  of  each  civilized 
nation  to  send  one  of  its  subjects  or  citizens,  in  time  of  peace, 
to  reside  at  the  seat  of  government  of  other  nations.     This 
person  is  sometimes  called  ambassador.     The  original  mean- 
ing of  that  word  is  traced  in  several  languages.     It  is  sup- 
posed  to   have  meant  service,  or  waiting.     An  ambassador 
represents  the  sovereign  or  country  that  sends  him.     He  is 
received  by  the   sovereign   he  goes  to,  and   speaks,  and  is 
spoken  to,  as  such  representative,  in  all  matters  of  form  or 
business.     He  is  privileged  from  accountability  to  the  sove- 
reign to  whom  he  is  sent.     He  is  to  be  respected  as  his  own 
sovereign  would  be,  if  he  were  personally  present,  instead  of 
his  representative. 

259.  He  cannot  be  made  answerable  in  any  court  of  jus- 
tice.    If  he  commit  murder,  he  cannot  be  punished,  but  by 
his  own  sovereign  ;  and  the  course  is,  to  send  him  home,  and 
demand  that  he  shall  be  punished.     But  if  he  conspire  with 
others  to  overturn  the  sovereign  he  is  sent  to,  it  is  said  that  he 
may  be  treated  as  a  traitor,  and  punished  accordingly  ;  and 
that  his  own  sovereign  might  be  treated  in  like  manner,  if 
he  had  committed  the  like  offence.     On  this  point  all  are  not 
agreed. 

260.  An  ambassador  is  to  find  out,  and  send  to  his  gov- 
ernment, everything  that  he  can,  as  to  the  policy,  designs 
and  secrets  of  the  sovereign  he  is  sent  to,  and  of  the  ambas- 
sadors of  other  powers,  whom  he  meets  with  at  the  place  of 


POLITICAL  CLASS  BOOK.  90 

his  residence.  His  letters  are  confidential  and  secret,  and 
sometimes  written  in  characters,  or  marks  agreed  to  be  used, 
instead  of  the  alphabet,  so  that,  if  discovered,  they  may  not 
be  understood.  It  may  readily  be  supposed,  that,  in  the  gov- 
ernments of  princes,  and  where  selfishness,  intrigue  and  fa- 
voritism manage  the  secret  springs,  an  ambassador's  letters 
may  be  very  amusing.  Such  letters  rarely  come  to  light, 
though  enough  of  them  have  appeared  to  show  what  they 
are. 

261.  An  envoy  is  another  sort  of  diplomatic  agent.     This 
denomination  comes  from  a  French  word,  signifying  to  send. 
He  is  a  person  sent  to  represent  his  sovereign,  on  some  par- 
ticular occasion  ;  for  example,  to  demand  satisfaction  for  a 
wrong  done,  or  to  make  satisfaction  for  one  ;  and  to  prevent 
the  necessity  of  resorting  to  force,  for  the  purpose  of  aveng- 
ing an  insult  or  injury. 

262.  A  plenipotentiary  is  a  person  whose  title  is  derived 
from  two  Latin  words,  signifying  full  power.     This  sort  of 
public  agent  is  usually  sent  to  make  a  treaty  at  the  close  of  a. 
war  ;  or  to  prevent  a  war  when  one  is  threatened  ;  or  to  ne- 
gotiate on  some  highly  important  national  matter,  arising  out 
of  treaties,  or  otherwise. 

263.  The  United  States  generally  send  a  diplomatic  agent 
under  the  name  of  minister.     His  powers  and  duties  depend 
on  the  instructions  that  are  given  to  him.     Usually  his  busi- 
ness is  to  reside  at  the  foreign  court  as  the  representative  of 
the  United  States  ;  and  to  keep  his  own  government  inform- 
ed of  what  is  going  on  there.     If  a  case  arises  requiring  it, 
he  takes  care  of  the  interests  of  his  fellow  citizens,  in  the 
country  where  he  is.     He  speaks  and  acts  for  them,  and 
claims  redress  for  their  wrongs.     To  his  ordinary  power  may 
be  added  special  commissions,  as  when  a  treaty  is  to  be  made. 
Our  ministers  receive  an  outfit  of  $9000,  and  an  annual  sala- 
ry of  $9000.     One  of  the  most  approved  writers  on  the  law 
of  nations  classes  public  ministers  thus  : — 

1st  Class.  Legates  of  the  pope  ;  nuncios  of  the  pope  ;  am- 
bassadors. 

2rf  Class.  Envoys  ;  plenipotentiaries  ;  internuncios  of  the 
pope. 

3d  Class.  Ministers  ;  ministers  resident ;  ministers  charges 
d'affaires ;  consuls  with  diplomatic  powers ;  charges  d'af- 
faires. 

Many  of  the  American  ministers  abroad  are  of  the  last 
mentioned  description ;  the  name  is  French,  and  means  a 


100  POLITICAL  CLASS  BOOK. 

person  charged  witk  the  management  of  the  diplomatic  affairs 
of  his  nation. 

264.  (3.)  It  has  long  been  the  practice  of  civilized  nations  to 
settle  their  relations  to  each  other  by  treaties.     A  treaty  is  a 
bargain  made  between  two  nations  on  any  matter  which  con- 
cerns them.     It  may  relate  to  the  commercial  or  other  privi- 
leges which  the  subjects  or  citizens  of  each  may  enjoy  in  the 
other's  country  ;  or  to  the  settlement  of  disputed  boundaries  ; 
or  to  the  manner  in  which  they  will  conduct  themselves  to- 
wards each  other  in  case  either  should  be  engaged  in  war  with 
other  powers.     Treaties  sometimes  provide  as  to  what  shall  he 
done,  in  case  war  should  break  out  between  the  contracting 
parties ;    sometimes  the  object  is  to  make  reparations  for 
wrongs,  or  to  settle  the  terms  on  which  peace  shall  be  es- 
tablished at  the  conclusion  of  a  war,  or  to  provide  for  acts  to 
be  done  by  one,  or  each  party,  at  some  future  time. 

265.  When  a  treaty  is  to  be  made,  the  ministers  of  each 
party  meet,  confer  and  agree.     They  put  their  agreement  in 
writing.     Two  exact  copies  are  made  ;  both  ate  signed  by 
both  parties,  and  their  seals  arc  affixed  to  the  signatures ;  one 
of  these  copies  is  sent  to  each  of  the  respective  sovereigns, 
who  accept  and  ratify  this  contract,  or  reject  it.     If  either 
rejects  it,  there  is  no  treaty,  and  the  parties  remain   where 
they  were.     Crowned  heads  accept  or  reject,  as  they  see  fit, 
on  their  sole  authority.     Whether  the  president  of  the  United 
States  can,  or  cannot,  reject  a  treaty,  without  consulting  the 
Senate,  is  no  otherwise  settled,  than  that,  in  one  instance,  a 
president  did  so  reject.     However  this  may  be,  the  president. 
and  two  thirds  of  the  Senate  must  concur,  in  adopting  and 
ratifying  a  treaty.    When  a  treaty  is  thus  constitutionally  rat- 
ified, it  becomes  a  supreme  law  of  the   land.     Every  state, 
court  of  justice,  and  every  citizen  of  the  United  States,  mr.pt. 
so  regard  it. 

266.  Consuls   (from  the  Latin  word  consido,  to  consult) 
were   the   highest  officers  in   the   Roman   republic.     That 
term  is  now  used  to  denote  commercial  agents,  who  are  sent 
to  reside   in  foreign   seaports.     They  carry  a  certificate  of 
their  appointment,  and  must  be  acknowledged  as  consuls,  by 
the  government  within  whose  sovereignty  they  reside,  before 
they  can  act  as  such.     Their  business  is  to  render  any  assis- 
tance which  merchants  and  shipmasters  of  their  own  country 
may  need.     They  grant  all  certificates  which  arc  required  by 
commercial  regulations,  or  by  treaty.     They   have  certaii. 
powers  and  duties  in  relation  to  seamen  of  their  own  country 


POLITICAL  CLASS  BOOK.  101 

They  are  the  proper  persons  to  apply  to  the  minister  of  their 
own  country,  residing  at  the  court  of  the  sovereign,  when  his 
agency  is  needed.  Some  consuls  are  paid  by  a  salary,  others 
depend  on  the  fees  of  office.  They  may,  or  may  not,  be 
merchants  themselves.  There  is  this  difference  between  a 
consul  and  a  minister,  that  the  powers  of  the  former  may  be 
annulled  by  the  sovereign  of  the  country  where  he  is,  while 
those  of  the  latter  can  only  be  annulled  by  the  authority  that 
sent  him.  When  a  consul  is  received,  and  recognized  as 
such,  by  the  government  to  which  he  is  sent,  it  issues  to  him 
an  official  writing,  which  is  called  an  exequatur.  This  comes 
from  the  Latin  word  exequatur,  meaning,  is  considered  equal 
In  the  sense  here  understood,  it  means  a  proposition  assented 
to  ;  and  that,  the  government  to  which  a  consul  is  sent,  agrees 
to  regard  him  in  that  character.  An  exequatur  may  be  an- 
nulled by  the  authority  from  which  it  proceeds ;  and  is  so, 
when  the  conduct  of  this  officer  requires  such  a  measure. 


CHAPTER  XXIII. 

The  Law  of  War. 

267.  THE  part  of  the  law  of  nations  which  is  most  sensibly 
felt  by  all  classes  of  persons  in  a  community,  is  that  which  is 
connected  with  war.     When  we  consider  how  essentially  war 
affects  the  products  of  labor,  how  costly  it  is,  how  many  lives 
must  be  given  to  it,  what  inconsolable  sorrow  may  visit  inno- 
cent hearts,  what  a  monster  an  army,  considered  as  a  moral 
agent,  is,  and  howv uncertain  the  end  of  a  war  may  be, — those 
who  can,  and  who  do  not  prevent  it,  assume  a  deep  respon- 
sibility.    Yet  a  war  may  be  as  much  a  duty  in  a  nation,  as  it 
would  be  in   an  individual  to  resist  oppression,  or  contend 
against  lawless  violence. 

268.  War  is  offensive  or  defensive.     The  former  arises 
when  a  nation  seeks  to  recover  that  which  has  been  unjustly 
taken,  or  which  is  unjustly  withheld  ;  or  when  the  honor  or 
independence  of  a  nation  is  assailed.    The  latter  arises  when 
a  nation  defends  itself  against  the  unjust  demands,  and  forci- 
ble attempts  of  another,  to  despoil  it  of  its  lawful  rights  or 
possessions.     If  wars  had  been  always  undertaken  from  such 
motives  only,  many  pages  of  history  which  we  peruse  on  the 
subject  of  war,  would  not  have  been  written. 

9* 


102  POLITICAL  CLASS  BOOK. 

269  Anciently,  wafs  were  more  barbarous  and  cruel  tha-A 
they  are  in  modern  days.  Every  mode  of  annoyance  and  de- 
struction, which  human  ingenuity  could  invent,  was  prac- 
tised. Every  sort  of  fraud,  using  poison  on  weapons,  poison- 
ing springs  and  wells,  and  assassinating  chiefs,  were  common 
modes  of  warfare.  But  now,  such  acts  would  be  considered 
as  crimes.  The  spirit  of  modern  war  is,  or  is  pretended  to 
be,  that  which  Tacitus,  justly  or  unjustly,  declared  the  spirit 
of  Roman  warfare  to  be  : — "  The  Roman  people  sought  ven- 
geance on  their  enemies,  neither  secretly,  nor  by  deception  ; 
but  openly,  and  in  arms."* 

270.  Ancient  warfare  consisted  of  battle  in  the  field,  and 
in  cities  ;  and  sometimes  in  small  vessels  on  the  sea.     The 
conquered,  who  survived  the  battle,  were  slaves.     Their  cap- 
tors might  put  them  to  death  when  they  pleased,  hold  them 
in  the  hope  of  ransom,  sell  them,  or  exact  the  severest  labor. 
One  of  the  splendid  buildings  in  Rome,  which  is  now  visited 
as  a  monument  of  Roman  grandeur,  was  erected  about  sev- 
enteen hundred  years  ago,  by  the  labor  of  ten  thousand  cap- 
tive Jews.t    But  now,  captives  are  prisoners  of  war,  and  it 
would  be  odious  to  kill  them  in  cold  blood.     They  are  kept 
with  as  much  humanity   as  circumstances  will  permit,  and 
exchanged  during  the  war,  or  given  up  at  the  end  of  it. 

271.  The  barbarities  and  cruelties  of  war  were  seen  in  the 
most  aggravated  character  in  the  besieging  of  cities.     Suf- 
ferings and  miseries  were  in  such  case  extended  beyond  those 
who  bore  arms  ;  they  reached  the  young  and  the  old,  women 
and  infants,  and  involved  the  whole   in  one  common  ruin. 
But  now,  cities  are  seldom  besieged  ;  and  if  taken,  they  are 
not  demolished,  nor  plundered  ;  nor  are  the  captives  put  to 
death,  or  enslaved.     The  wars  of  the  Jews  afford   many 
shocking  examples. 

272.  Since  the  invention  of  gunpowder,  about  the  middle 
of  the  fifteenth  century,  the  fate  of  a  war  is  settled  in  grcut 
battles  in  the  field.     The  battle  begins,  sometimes  with  light 
troops  sent  in  advance  ;  sometimes  with  artillery,  which  breaks 
the  lines,  and  opens  the  way  for  advantageous  use  of  infantry 

*  "  Non  fraude;  neque  occultis,  sed  palam  et  armatum,  populum  Romanum 
hostes  suos  ulcisci,"  &c.  &c".  An.  I.  §  88. 

t  The  Coliseum  ;  of  which  an  ancient  writer  says,  "  As  long  as  the  Colise- 
um stands,  Rome  shall  stand  ;  when  the  Coliseum  falls,  Rome  will  fall ;  and 
when  Rome  falls,  the  world  will  fall."  The  Coliseum  is  said  to  be  so  called 
from  a  colossal  statue  of  Nero,  placed  therein.  Colossus  was  a  name  bor- 
rowed from  the  brazen  figure  of  a  man.  105  feet  high,  that  stood  at  the  mouth 
of  the  port  at  Rhodes.  Ships  passed  between  its  le«js.  It  was  called  Colos- 
sus ;  whence  we  say,  "  colossal  statues/'  meaning  figures  larger  than  life. 


POLITICAL  CLASS  BOOK.  103 

and  cavalry  ;  and  ends  with  throwing  in  powerful  bodies  of 
reserved  troops,  who  come  fresh  to  the  conflict.  If  one  can 
imagine  100,000  men  engaged  for  some  hours,  in  a  space  of 
three  miles  square,  in  the  work  of  destruction,  and  can  also 
imagine  what  he  would  see  and  hear  if  he  walked  over  the 
lield  when  the  conflict  is  over,  and  when  one  third  are  dead 
or  wounded,  he  may  have  some  idea  of  a  modern  battle. 

273.  War  on  the  ocean  is  carried  on  by  national  ships 
duly  commissioned,  and  which  meet  singly,  or  in  fleets,  with 
the  like  ships  of  the  enemy.     The  battle  consists  in  an  un- 
ceasing discharge  of  heavy  guns ;  and,  when  near  enough, 
in  the  use  of  small  arms  ;  and  sometimes  in  running  one  ship 
against  another,  and  attacking  with  swords,  pistols  and  pikes, 
and  passing  the  crew  into  the  enemy's  ship,  and  contending 
for  victory  hand  to  hand.     This  they  call  boarding  the  ene- 
my.    The  battle  ceases  when  the  flag  of  the  vanquished  is 
struck,  or  hauled  down  :  the  ship  is  then  said  to  be  taken. 

274.  Besides  national  ships,  there  are  war  ships  belonging 
to  private  citizens,  called  privateers.     Any  one  or  more  per- 
sons may  fit  out  such  vessels,  and  get  a  commission  from  the 
government,  and  go  on  the  high  seas,  and  capture  and  bring 
into  port  any  enemy's  vessel,  public  or  private,  or  any  mer- 
chant ship,  whether  it  be  armed  or  not.     All  that  they  thus 
get  is  their  own,  when  judicially  condemned. 

275.  When  a  prize  (which  word  comes  from  a  French 
word  signifying  to  seize  or  take)  is  brought  into  a  port  of 
the  United  States,  the  captors  cause  a  writing,  called  a  li- 
bel, to  be  filed  in  the  District  Court,  setting  forth  the  facts  of 
the  capture,  and  praying  condemnation,   which  follows  of 
course,  if  the  prize  appears  to  be  enemy's  property  ;  and  the 
whole  is  then  sold,  and  the  proceeds  divided  among  the  captors, 
according  to  their  respective  rights.     This  mode  of  acquir- 
ing property  is  held,  by  some  persons,  to  be  barbarous.    They 
say   it  is,   at  best,  licensed  robbery.     Attempts  have  been 
made  to  abolish  it,  as  a  right  of  war  ;  but  such  a  change  is 
not  likely  to  take  place. 

276.  Nations  engaged    in    war,   are   called    belligerents. 
This  word  is  compounded  of  two  Latin  words,  helium,  war, 
and  gero,  to  carry  on.     Belligerents,  as  such,  have  certain 
acknowledged  rights,  in  respect  to  nations  not  engaged  in  the 
war,  who  are  called  neutrals,  that  is,  who  are  on  neither  side 
of  the  war.     Many  embarrassing  questions  arise  out  of  the 
relation  of  belligerent  and  neutral ;  and  frequently  the  right 


104  POLITICAL  CLASS  BOOK. 

of  the  former  is  exercised  in  a  vexatious  and  insulting  man- 
ner towards  the  latter. 

277.  It  is  considered  that  neutrals  cannot  carry  the  goods 
of  the  enemy  from  port  to  port  without  being  liable  to  sei- 
zure by  the  belligerent.    It  is  lawful  to  capture,  and  carry  into 
port,  any  neutral  vessel,  and  libel  her  in  a  court,  and  al- 
lege that  her  cargo  is  enemy's  property,  and  proceed  to  try  the 
cause.     All  that  can  be  proved  to  be  enemy's  property  is  sub- 
ject to  condemnation. 

278.  This  liability  leads  to  many  ingenious  contrivances 
to  cover  and  preserve  the  property  which  is  carried  in  neu- 
tral vessels.     The  evidence  of  ownership  is  found  in  the  pa- 
pers which  every  vessel  must  carry,  accompanying  the  prop- 
erty, and  in  the  letters  found  on  board.    This  evidence  is  sift- 
ed and  examined,  and  other  evidence  may  be  introduced. 
Thus  war  extends  itself  to  neutrals,  and   sometimes  occa- 
sions great  and  remediless  vexation.    If  there  is  any  probable 
cause  for  the  capture,  however  unjust  it  may  be,  the  neutral 
has  no  compensation  for  the  wrong,  loss  and  delay. 

279.  Another  belligerent  right  is,  to  blockade  the  ports  of 
an  enemy ;  that  is,  to  station  ships  of  war  at  the  entrance  of 
such  ports,  and  to  prevent  all  vessels  from  coming  out  or  going 
in.     In  such  case,  a  neutral  vessel,  attempting  to  enter  or  de- 
part, is  subject  to  seizure  and  condemnation.    Blockade  means 
only  blocked  up,  so  that  there  can  be  no  passing  to  or  from. 
From  the  operation  of  this  right,  many  difficult  questions 
arise  ;  as,  for  example,  what  is  notice  to  a  neutral  that  a  block- 
ade exists ;  how  far  it  extends  ;  what  is  a  force  competent  to 
maintain  and  keep  up  a  lawful  blockade  ;  and  many  similar 
questions,  which  are  fruitful  in  disputes. 

280.  Another  source  of  difficulty  is  the  question,  whether 
a  particular  trade  is  lawful  or  not.     Articles  useful  in  prose- 
cuting a  war  cannot  be  carried  by  a  neutral  to  an  enemy,  with- 
out liability  to  forfeiture.     Nations  have  agreed  by  usage,  that 
certain  articles  are  of  this  description ;  as  to  others,  it  is  doubt- 
ful whether  they  are  so  or  not.     From  this  cause  capture  and 
litigation    frequently   arise.     The    word   contraband,  which 
word  is  of  Italian  origin,  and  is  equivalent  to  prohibited,  is 
applied  to  articles,  or  goods,  which  neutrals  cannot  carry  to 
an  enemy,  without  subjecting,  not  only  the  goods,  but  the 
vessel,  to  condemnation. 

281.  Another  difficult  question  sometimes  arises  ;  that  is, 
what  conduct  in  a  neutral  shall  be  deemed  a  departure  from 


POLITICAL  CLASS  BOOK.  105 

neutral  character,  and  subject  him  to  be  treated  as  an  enemy, 
and  as  a  party  in  the  war.  If  one  nation  is  under  treaty  with 
another,  to  furnish  troops,  or  ships,  or  money,  to  aid  in  a  war, 
performance  of  this  contract  is  not  a  violation  of  neutral  duty, 
if  a  war  happens,  and  performance  of  the  treaty  is  demanded. 

'282.  Again  ;  has  a  nation,  engaged  in  war,  a  right  to  take 
its  native  subjects,  who  have  become  naturalized  or  adopted, 
in  a  neutral  country,  out  of  vessels  belonging  to  that  country 
on  the  high  seas ?  This  right  is  asserted  on  the  principle 
that,  in  time  of  war,  every  nation  may  command  the  services 
of  its  own  subjects.  It  is  denied  on  the  principle  that  it  is  a 
natural  right  to  change  one's  country  ;  and  that  such  taking  of 
the  person  is  an  insult  to  the  sovereignty  of  the  adopted  coun- 
try;  and  that,  if  such  taking  of  the  person  were  justifiable,  it 
might  lead  to  abuse  in  taking  those  who  are  sailing  under 
their  native  flag.  It  is  very  possible  that  some  of  the  young 
may  live  to  see  this  question  to  be  one  of  great  interest,  as 
some  who  have  gone  before  them  have  done. 

Many  more  of  the  like  points  might  be  stated  :  but  as  it  is 
only  intended  to  show  how  such  matters  are  part  of  the  law 
of  nations,  we  need  go  no  farther  in  this  respect. 

283.  Since  the  practice  of  making  treaties  has  become 
common,  nations  have  had  the  good  sense  to  define,  in  many 
cases,  what  shall  be  regarded,  between  the  contracting  par- 
ties, as  belligerent  and  neutral  rights.  To  relieve  from  neu- 
tral vexation,  it  has  been  attempted  to  establish,  generally, 
that  "  free  ships  shall  make  free  goods  ;"  that  is,  the  neutral 
vessel  shall  not  be  subject  to  visitation,  search,  and  capture. 
This  attempt  has  been  hitherto  unsuccessful.  The  courts  in 
which  questions  arising  on  the  law  of  nations  are  tried,  are 
any  courts,  of  any  country,  when  the  parties,  and  the  subject 
matter  of  suit,  are  properly  within  their  jurisdiction.  This 
word  (jurisdiction)  is  made  out  of  two  Latin  words,  which 
signify  the  right  and  power  of  judging  between  the  parties, 
and  on  the  matter  which  is  the  subject  of  the  suit.  No 
court  has  jurisdiction  beyond  the  territorial  limits  of  the  gov- 
ernment under  whose  authority  it  acts.  When  a  suit  is  pend- 
ing in  a  court  which  has  jurisdiction,  and  a  judgment  of  a  for- 
eign court  is  offered  in  evidence,  such  judgment  is  not  in  it- 
self conclusive,  but  may  be  inquired  into,  to  know  whether 
the  parties,  and  the  matter  of  the  suit,  were  properly  before 
the  court,  and  whether  the  judgment  is  in  such  form  as  to 
bind  them.  There  is  one  sort  of  judgment,  called  a  sentence, 
which  is  considered  as,  conclusive,  to  the  extent  to  which  it 


10G  POLITICAL  CLASS  BOOK. 

expressly  goes,  in  whatever  court  it  is  admissible  as  evidence. 
These  are  sentences  of  condemnation,  pronounced  again;-*. 
vessels  and  cargoes,  (or  either)  as  prize,  or  for  some  breach 
of  the  acknowledged  laws  of  war.  This  is  a  sentence  against 
the  tiling  in  controversy,  and  not  against  any  person.  It  is  a 
principle  universally  admitted,  that  in  all  prosecutions  to  ob- 
tain the  condemnation  of  a  thing  (usually  called  a  process  in 
rem),  all  persons  interested  are  parties,  and  bound  by  the  sen- 
tence. This  principle  is  supported  on  sound  reason.  It  has, 
however,  been  reluctantly  assented  to,  especially  in  cases 
\rhere  the  sentence  came  from  courts  established  in  colonies. 
Sentences  are  pronounced  in  admiralty  courts.  Anciently, 
the  admiral  (the  superior  officer  of  the  naval  force)  exer- 
cised a  judicial  authority,  civil  and  criminal,  in  matters  rela- 
ting to  the  sea.  This  authority  has  been  transferred,  long 
since,  to  regular  courts,  which  retain  the  ancient  name. 

284.  Anciently,  war   commenced  by  sending  heralds  to 
declare  it.     In  modern  times,  wars  begin  by  sending  troops 
into  the  enemy's  country,  or  attacking  his  ships  on  the  ocean. 
But  usually  a  manifesto,  that  is,  a  public  declaration  of  the 
causes  of  the  war,  appears.     In  the  United  States,  there  can- 
not be  a  lawful  war,  otherwise  than  in  virtue  of  a  law  of  Con- 
gress.    In  this  body  the  right  of  declaring  war  is  vested ;  so 
that  a  majority  of  both  branches,  and  the  president,  must 
concur,  to  throw  the  country  into  this  serious  condition. 

From  what  has  been  stated,  the  youthful  student  may 
infer  : — 

285.  First,  that  each  nation  is,  as  to  all  other  nations,  a 
moral  agent,  or  person,  bound  by  the  law  of  nature  to  act 
justly,  and  with  good  faith,  towards  all.    This  law  is  enforced 
and  sanctioned  by  the  divine  law. 

28G.  Second,  that  each  nation  has  the  right,  and  that  it  is 
each  nation's  duty,  to  preserve  its  own  independence,  and  to 
secure  itself  against  the  injustice  and  the  violence  of  all 
others. 

287.  Third,  that  nations  are  bound,  by  the  law  of  justice 
and  mutual  convenience,  to  hold  to  and  maintain  all  the  cus- 
tomary laws  which  the  good  sense  of  nations  has  adopted. 

288.  Fourth,  that,  treaties  being  contracts  of  great  solem- 
nity, and  made  with  peculiar  deliberation,  they  ought  to  be 
faithfully  and  truly  performed  ;  and  the  mere  so,  because 
there  is  no  court  of  justice  to  appeal  to,  nor  any  remedy,  but 
the  dreadful  one  of  public  war. 


POLITICAL  CLASS  BOOK.  107 

CHAPTER   XXIV. 

Property. 

289.  ONE  of  the  most  material  purposes  for  which  govern- 
ment is  instituted,  is,  to  secure  the  right  of  acquiring  proper- 
ty, and  of  making  a  reasonable  use  of  it.     Property  is  either 
real  or  personal.    Real  property  consists  of  land  and  buildings. 
Personal  property  is  everything  not  fixed  to,  and  resting  on, 
the  land,  but  which  is  movable  from  place  to  place.     Fruit, 
grain,  and  all  growing  vegetables,  trees,  minerals,  &c.,  are 
part  of  the  real  estate,  until  separated  and  made  movable,  and 
then  they  are  personal  estate. 

290.  The  most  absolute  property  which  can  be  had  in  real 
estate,  is,  the  right  to  the  exclusive  use  of  it,  with  power  to 
sell  it  and  to  give  it  away  ;  and  to  declare  by  whom,  and  in 
what  manner,  it  shall  be  held,  owned  and  used  after  the  pro- 
prietor's decease.     The  next  degree  of  such  property  is,  the 
right  to  hold  it  and  use  it  during  one's  life.     The  two  first 
sorts  of  property  are  called  freeholds.     The  word  freehold 
often  occurs  in  our  laws.     For  example,  freeholders  only  are 
competent  to  appraise  real  estate  when  set  off  on  execution, 
in  satisfaction  of  debt.     The  being  a  freeholder  is  a  qualifi- 
cation for  being  an  elector,  under  some  of  the  state  constitu- 
tions ;  and  for  being  eligible  to  office,  under  others  of  them. 
The  next  degree  is  the  right  to  hold  and  to  use  real  estate 
for  one  or  more  years.     An  estate  for  any  number  of  years, 
even  1000,  is  held,  in  law,  to  be  inferior  to  an  estate  for  life. 
The  lowest  degree  of  property  is  the  holding  and  using  real 
estate  during  the  pleasure  of  the  absolute  owner.     Real  es- 
tate may  be  owned  by  one  man  absolutely,  but  may  be  sub- 
jected to  some  right  of  the  owner  of  an  adjoining  or  other 
real  estate.     Of  this  nature  is  the  right  which  one  man  has 
to  pass  over  the  land  of  another  ;  the  right  to  have  a  drain 
through  another  man's  land  ;  the  right  to  have  windows  over- 
looking another's  land  ;  and  many  similar  rights,  which  are 
called  casements  or  servitudes. 

291.  The  absolute  owner  of  real  estate  may  not  only  part 
with  it  during  his  life,  but  he  may  direct,  by  his  will,  proper- 
ly made  and  proved,  who  shall  have  it  after  he  has  deceased. 
He  may  also  declare  by  his  will,  whether  his  devisee,  or  do- 
nee, shall  have  the  estate  absolutely,  or  for  life,  or  for  years  ; 


108  POLITICAL  CLASS  BOOK. 

and  may  prescribe  any  conditions  on  which  it  shall  be  owned 
and  used. 

292.  No  man  can  be  absolute  and  exclusive  owner  of  real 
estate,  but  (1.)  under  a  continued  possession  of  forty  years ; 
or  (2.)  by  showing  a  writing  made  by  one  who  had  a  lawful 
right  to  make  it,  called  a  deed,  signed,  sealed,  acknowledged 
and  recorded  in  the  public  registry  ;  or  (3.)  by  showing  that 
the  estate  was  lawfully  taken  in  satisfaction  of  debt ;  or  (4.) 
by  showing  heirship,  by  descent  from  an  ancestor  ;  or  (5.) 
by  showing  a  gift  under  a  will.     The  wordfactum,  in  Latin, 
signifies  an  act  done  :  a  deed  means,  in  law,  the  most  solemn 
act  which  can  be  done  as  evidence  of  intention  to  part  with 
property.     The  deed  itself  is  not  the  alienation  of  the  prop- 
erty, for  that  is  effected  by  the  agreement  of  the  parties  ;  but 
it  is  the  evidence  of  the  act  done. 

293.  It  is  a  general  rule,  that  personal  estate  is  to  be  con- 
sidered to  belong  to  the  possessor  of  it.     But  the  right  of 
property  is  frequently  in  one  person,  and  the  right  of  posses- 
sion in  another  ;  as  when  the  owner  agrees  that  another  shall 
possess  and  use  it.     Sometimes  personal  property  is  in  pos- 
session of  another,  against  the  will  of  the  owner  :  in  which 
case  the  owner  has  a  remedy  for  the  wrong  done,  in  the  courts 
of  justice. 

294.  Everything  known   by  the   name  of  property,   and 
one's  time,  or  labor,  or  service,  may  be  the  subject  of  a  con- 
tract.    A  contract  is  an  agreement  between  two  or  more  per- 
sons, whereby  one  party  becomes  bound  to  another,  to  pay 
money,  or  to  do,  or  not  to  do,  some  act.     Every  person  who 
has  common  sense,  and  who  is  twa.nty-one  ye^rs  of  age,  and 
upwards,  and  who  is  not  a  married  woman,  may  make  a  con- 

-:-st.  This  word  is  derived  from  con,  with,  or  together,  and 
tralio,  to  draw,  and  signifies,  that  the  contracting  parties  are 
drawn  together  by  their  agreement. 

295.  A  contract  is  express  or  implied.    It  is  express,  when 
the  parties  previously  agree  on  all  the  particulars  of  the  con- 
tract ;  as,  if  the  agreement  be,  that  a  certain  article  shall  be 
delivered  at  a  certain  time,  and  so  much  money  paid  for  it,  it 
is  an  express  contract.     It  is  implied,  when  some  acts  are 
^one  which  show,  that  the  parties,  in  natural  justice,  must 
have  intended  to  contract ;  as,  if  one  calls  a  physician,  or- 
ders goods,  or  employs  one  to  work,  and  nothing  is  said  of 
payment,  the  law  is,  that  the  party  would  not  have  done  so, 
without  intending  to  pay  what  the  property  ordered  may  be 


POLITICAL  CLASS  BOOK.  109 

worth,  or  as  much  money  as  the  physician  or  laborer  reason- 
ably deserves  to  have.  A  contract  is  void,  if  not  made  for  a 
legal  consideration  ;  that  is,  if  one  claims  of  another  perform- 
ance of  a  contract,  he  must  show  that  the  engagement  was 
entered  into  in  consideration  of  his  engaging  to  do,  or  not  to 
do,  something.  If  one  man  promises  to  give  another  a  sum 
of  money,  this  is  no  contract ;  because  the  party  to  whom  the 
promise  is  made,  parts  with  nothing,  and  does  not  bind  'him- 
self in  any  way.  In  honor  and  conscience,  such  promises  arc 
binding,  but  not  according  to  law. 

296.  Whether  a  contract  was  made,  or  not,  is  differently 
regarded  in  a  moral  view  from  what  it  is  in  a  legal  view. 
Morally,  every  man  ought  to  perform  a  contract,  although  ho 
whj  claims  the  benefit  of  it  has  no  proof  that  the  contract  ex- 
ibis.    A  man  must  prove  by  other  evidence  than  his  own  dec- 
laration, that  a  contract  was  made  ;  or  must  prove,  otherwise 
than  by  what  he  says  himself,  the  facts,  from  which  the  lav/ 
infers  that  a  contract  was  made  :  he  must  prove  all  that  is  re- 
quired otherwise  than  by  his  own  word,  because  no  man  is 
allowed  to  be  a  witness  or  a  judge  in  his  own  case. 

297.  The  law  does  not  settle  what  contracts  may  be  mad?. 
It  only  pronounces,  that  some  contracts  shall  not  be  made. 
It  says  that  no  contract  shall  be  made  for  any  dishonest,  im- 
moral, or  fraudulent  purpose  ;  and  all  such  are  void.     As  to 
contracts  which  the  law  permits,  it  carefully  settles  what  evi- 
dence shall  be  competent  to  prove  them. 

293.  When  two  or  more  persons  enter  into  a  contract, 
there  is  necessarily  a  communication  by  words,  either  spoken 
or  written,  whatever  the  subject  of  the  contract  may  be.  If 
the  bargaining  relates  to  real  estate,  personal  estate,  or  labor, 
Uie  parties  speak  or  write  themselves,  or  by  the  agency  of 
those  whom  they  employ. 

299.  But  there  is  an  important  distinction  between  a  con- 
tract, and  what  shall  be  legal  evidence  that  a  contract  has 
been  made.  If  a  man  promises  to  pay  money  for  goods,  one 
credible  witness,  who  can  prove  the  promise,  is  sufficient. 
If  a  man  promises  to  pay  the  debt  of  another,  or  if  the  prom- 
ise is  to  'do  some  act  after  a  year  has  elapsed  (and  in  some 
other  cases),  the  evidence  must  be  in  writing,  and  signed  by 
the  party  making  the  promise.  If  two  persons  should  con- 
tract for  the  lease  of  a  farm  for  more  than  seven  years,  by 
words,  the  contract  would  be  morally  binding ;  but  to  be  a 
legal  contract,  for  all  purposes,  it  should  be  in  writing,  signed, 
10 


110  POLITICAL  CLASS  BOOK. 

sealed,  acknowledged  and  recorded.  This  distinction,  as  to 
the  mode  in  which  contracts  must  be  proved,  is  founded  in 
good  sense.  If,  for  example,  contracts  concerning  real  es- 
tate were  left  entirely  to  the  memory  of  witnesses,  they  may 
be  absent  or  dead  when  needed  to  prove  them  ;  or,  if  present, 
they  may  have  forgotten,  or  may  state  erroneously,  though 
honestly,  what  they  believe  the  facts  to  have  been.  But  the 
principal  object,  which  the  law  has  in  view,  in  such  case,  is, 
to  shut  out  all  temptation  to  fraud  and  perjury  ;  and  this  can 
best  be  done  by  making  all  such  contracts  void,  when  not 
proved  by  proper  writings. 

300.  As  to  all  contracts  other  than  those  whereof  the  proof 
must  be  by  deed,  or  writings,  for  the  reason  above  stated,  they 
may  be  proved  by  writings,  if  the  contract  was  reduced  to 
writing,  or  by  competent  witnesses,  who  can  prove  that  the 
contract  was  made,  or  that  the  party  charged  therewith,  has 
admitted  that  it  was  made. 

301.  The  partial  or  total  failure  of  justice  often  arises  from 
the  defect  of  evidence.     When  a  bargain  is  made,  the  parties 
think   they  perfectly  understand  each  other  ;  or  they  trust 
that  each  one  of  them  will  do  what  is  right ;  or  one  party 
may  have  evidence,  which,  if  uncontradicted,  or  uncontrolled, 
may  show  a  case  sufficient  for  his  purpose,  though  it  does  not 
show  the  real  case. 

302.  Many  important  contracts  are  made,  trusting  to  mem- 
ory.    The  parties  exchange  no  writings,  they  call  no  wit- 
nesses.    When  the  question  arises,  what  the  contract  was,  or 
whether  there  was  any,  or  whether  it  has  been  rightly  per- 
formed, or  whether  it  ought  to  be  performed,  the  parties  may 
honestly  have  very  different  views  ;  each  one  may  find  it  dif- 
ficult to  prove  what  he  thinks  to  be  the  true  state  of  the  case. 
From  such  causes  expensive  lawsuits  arise,  more  frequently 
than  from  any  other.     But  controversies  also  arise  from  the 
difficulty  of  foreseeing  the  consequences  of  one's  acts ;  or 
from  the  change  of  circumstances  after  the  contract  is  made; 
or  from  the  absence  or  loss  of  evidence  ;  or  from  the  substan- 
tial embarrassment  of  not  knowing  what  justice  requires,  in 
doubful  and  peculiar  cases. 

303.  When  interested  parties  disagree,  there  are  different 
modes  of  settling  their  difficulties.     If  they  cannot  agree  be- 
tween themselves,  they  may  resort  to  the  judgment  of  friends, 
or  of  disinterested  arbitrators.     The   last  resort  is  to  the 
courts  of  justice.     The  cases  are  very  few,  in  which  a  man 


POLITICAL  CLASS  BOOK.  Ill 

is  permitted  to  administer  justice  to  himself  against  another ; 
nor  are  there  any,  where  in  doing  it  he  necessarily  disturbs 
the  public  peace. 


CHAPTER  XXV. 

Banking,  Promissory  Notes,  Bills  of  Exchange,  Notaries. 

304.  BANKS  are,  and  are  likely  to  be,  an  interesting  subject 
to  the  citizens  of  this  and  of  neighboring  states.     Banks  are 
supposed  to  derive  their  name  from  the  kind  of  seat,  or  bench, 
on  which  the  Jews  sat  as  money-dealers  in  the  market-places 
of  cities  in  the  East.     When  a  Jew  failed,  or  was  discredited, 
his  bench  was  broken  or  destroyed  ;  from  whence  is  supposed 
to  be  derived  the  word  bankrupt,  now  so  commonly  under- 
stood in  commercial  countries.     There  are  different  sorts  of 
banks  ; — (1.)  banks  of  deposit  (from  depono,  to  leave,  or  in- 
trust a  thing  to  be  kept) ;     (2.)  banks  of  deposit  and  dis- 
count;    (3.)  banks  of  deposit,  discount  and  circulation. 

305.  A  Bank  of  Deposit  is  merely  a  place  for  the  safe  keep- 
ing of  money.     If  any  one  man  in  a  town  or  city  should 
make  such  a  place,  and  it  should  become  a  place  of  general 
deposit,  the  owner  of  the  deposit  might  give  his  creditor  an 
order  on  the  banker  to  pay  the  bearer  of  the  order.     The 
order,  being  worth  the  money  it  expressed,  might  pass  from 
hand  to  hand  as  money  :  thus  the  necessity  of  counting  and 
carrying  from  place  to  place,  and  the  danger  of  losing,  would 
be  avoided.    This  is  supposed  to  have  been  the  sort  of  public 
bank  that  first  came  into  use.     The  oldest  bank  was  at  Ven- 
ice, about  the  year  1170,  and  is  said  to  have  been  established 
as  a  place  of  deposit  for  those  who  engaged  in  the  wars  for 
the  recovery  of  the  Holy  Land. 

306.  Bank  of  Deposit  and  Discount.     This  comprises  the 
sort  of  bank  already  described ;  but,  in  addition  thereto,  the 
banker,  having  the  custody  of  money,  discounts,  that  is,  ad- 
vances money  on  written  promises  given  to  pay  money  at 
some  time,  then  future.     Thus  a  holder  of  a  written  promise 
to  pay  money,  which  will  be  due  after  some  days  or  months 
to  come,  wants  the  money  immediately.     A  banker  takes  the 
written  promise  as  his  own,  and  pays  the  sum  mentioned  in 
it,  taking  out  of  the  whole  sum  the  interest  thereon  from  the 
time  of  advancing  the  money  to  the  time  when  the  money  is 


112  POLITICAL  CLASS  BOOK. 

to  be  paid,  according  to  the  written  promise.  This  is  called 
discounting.  When  the  money  is  due,  the  banker  receives 
it,  and  gives  up  the  written  promise  to  the  maker  of  it,  and  is 
thus  repaid. 

307.  Bank  erf  Deposit,  Discount  and  Circulation.     This 
is  the  sort  of  bank  in  use  in  this  country.     It  comprises  the 
two  first,  but  adds  thereto,  that,  when  a  written  promise  to 
pay  money,  or,  as  usually  called,  a  note  of  hand,  or  promisso- 
ry note,  is  discounted,  the  bank  does  not  pay  in  gold  or  silver 
coin,  but  in  its  own  bills ;  that  is,  in  its  own  promises  to  pay 
money  on   demand.     In   Massachusetts,  the   way  in  which 
banks  are  enabled  so  to  do,  is  this  : — 

308.  An  act  of  the  legislature,  passed  in  1799,  prohibited 
all  banks,  not  established  by  law,  under  severe  penalties.    No 
bank  can  now  exist  but  by  public  law.     When  a  number  of 
persons  want  a  bank,  they  petition  to  he  incorporated.     If 
the  legislature  see  fit,  they  make  a  law,  enabling  the  petition- 
ers to  have  a  bank,  usually  for  a  certain  number  of  years. 
The  capital,  or  sum  of  money  to  be  paid  in,  to  constitute  the 
fund  on  which  the  bank  is  to  do  business,  is  mentioned  in  the 
act ;  also  the  number  of  shares  into  which  this  capital  is  di- 
vided.    The  petitioners  and  their  associates,  or  owners  of 
shares,  are  enabled  by  the  act  to  be  a  corporation,  by  the  name 

of  the  "  President,  Directors  and  Company  of  the Bank/' 

The  owners  of  shares,  or  stockholders,  are  empowered  to 
meet,  and  choose  directors.     The  directors  choose  a  presi- 
dent from  their  own  number.     The  president  and  directors 
choose  a  cashier  and  clerks,  and  get  a  banking-house.     The 
act  authorizes  this  corporation  to  issue  its  own  promissory 
writings,  or  bank  bills,  signed  by  the  president  arid  cashier. 
Supposing   every  stockholder,  or  owner  of  shares,  to  have 
paid  in  his  proportion  of  the  capital,  the  bank  would  have  in 
its  vaults,  in  gold  and  silver,  the  whole  amount  of  its  capital, 
deducting  the  charges  of  establishing  the  bank,  of  which  char- 
ges the  cost  of  the  banking-house  would  be  part,  if  the  bank 
owned  the   house  in  which  the  business  is  transacted.     The 
bank  being  thus  prepared  to  do  business,  notes  are  discount- 
ed ;  or,  in  other  words,  the  bank  loans  money,  and  pays,  not 
in  gold  and  silver  coin,  but  in  its  own  bank  bills,  which   are 
written  promises  to  pay  the  bearer  thereof,  on  demand,  the 
sum  therein  expressed.     This  promise  of  the  bank  circulates 
as  cash,  because  the  bearer  of  it  can  turn  it  into  cash   when- 
ever he  pleases,  by  carrying  it  to  the  bank.     A  bank  may  de- 
rive from  its  operations  of  lending,  or  discounting,  a  profit 


POLITICAL  CLASS  BOOK.  113 

above  or  below  six  per  cent,  (the  lawful  rate  of  interest)  on 
its  capital.  The  law  allows  a  bank  to  issue,  in  bills,  double 
the  amount  of  its  capital,  and  to  discount  notes  to  double  the 
amount  of  its  capital.  If  there  were  but  one  bank,  and  it 
used  its  privileges  to  its  full  extent,  it  would  get  twelve  per 
cent,  on  its  capital,  from  which  are  to  be  deducted  the  ex- 
penses of  carrying  on  the  institution.  But  in  practice,  owing 
to  the  great  number  of  bank's,  and  consequent  division  of 
business,  and  the  speedy  return  of  their  bills  for  cash,  and 
the  check  which  banks  have  on  each  other,  a  bank  rarely 
has  in  circulation  one  half,  and  some  of  them  not  one  fourth, 
of  the  amount  of  its  capital  in  bills,  and  rarely  has  owing 
to  it  much  more  than  the  amount  of  its  capital,  and  one  third 
of  the  capital  in  addition  thereto.  That  which  is  owed  to 
banks  is  intended  to  be  always,  and  usually  is,  owed  by  trust- 
worthy persons. 

309.  When  a  bank  issues  more  bills  than  it  can  redeem, — 
which  sometimes  arises  from  having  taken  notes  which  prove 
to  be  bad,  and   sometimes    in  consequence   of  mismanage- 
ment,— it  is  said  to  fail,  or  be  broken.     The  holders  of 
notes  are  the  losers  of  so  much  as  the  bank  cannot  pay,  un- 
less the  stockholders  are  able  to  pay  the  difference.     The 
law  makes  them  personally  liable,  not  exceeding  the  amount 
of  their  respective  shares,  when  the  loss  arises  from  the  offi- 
cial mismanagement  of  the  directors.     When  the  act  of  in- 
corporation expires,  the  holders  of  shares  are  liable,  person- 
ally, for  the  redemption  of  all  bills  issued  by  the  bank,  which 
then  remain  unpaid,  in  proportion  to  the  stocrk  wh'cli  they 
respectively  hold. 

310.  Banks  are  subject  to  an  annual  tax  of  one  per  cent, 
on  the  amount  of  their  capitals,  one  half  of  which  tax  is 
to  be   paid,  within   ten    days  after  each  semi-annual  divi- 
dend, into  the  state  treasury.     It  is  said  by  some  persons, 
that  such  a  tax  is  not  a  reasonable  one,  and  that,  if  any  tax  be 
laid  on  banks,  it  should  be  on  the  amount  of  dividends,  and 
not  on  capital.     Dividends  are  the  half-yearly  division  of  the 
interest  money,  among  owners  of  shares,  acquired  by  lending. 
Shares  are  bought  and  sold.     The  owner  holds  a  certificate, 
issued  by  the  corporation,  signed  by  the  president  and  cashier, 
stating  that  he  is  proprietor. 

311.  Banks  take  money  to  keep  for  any  one  who  requests 
it,  without  charge   for  keeping.     This  is  called  depositing. 
One  who  has  money  in  a  bank,  draws  it  out  as  he  pleases, 
by  writing  a  short  order  to  the  cashier  to  "  pav dollars  to 

10* 


114  POLITICAL  CLASS  BOOK. 

or  bearer."     This  is  called  a  check.     Once  a  month, 

the  bank  and  the  depositer  settle  an  account,  and  the  checks 
are  given  up.  The  balance  remaining  to  the  depositer,  is 
carried  to  his  credit  in  new  account,  and  is  the  fund  for  fu- 
ture checks.  A  depositer  adds  to  this  fund  during  the 
month,  as  he  pleases. 

312.  Promissory  Notes.      These   are   written   promises, 
made  by  one  man  to  another,  to  pay  to  him,  or  to  him  or  his 
order,  a  sum  of  money.     If  in  the  latter  form,  the  note  is  ne- 
gotiable, and  the  person  to  whom  the  promise  is  made  (who 
is  called  tho  promisee)  may  order  the  money  to  be  paid  to 
any  person,  by  writing  his  own  name  on  the  back  of  the  note, 
which  act  is  called  an  indorsement,  from  a  Latin  word  signi- 
fying back.     Such  indorsement  and  delivery  of  the  note,  is 
an  authority  to  the  indorsee  (as  he  is  called  to  whom  the  note 
is  transferred)  to  write  an  order  (over  the  indorsees  name) 
to  pay  the  money  to  himself.     The  indorsee  may  transfer  the 
note,  by  writing  his  name  on  the  back  of  it,  and  so  become 
an  indorser  himself.     Thus  a  note  may  pass  through  many 
hands.     The  usual  practice  is,  to  write  the  names  merely,  on 
the  back,  and  not  to  write  the  order  thereon  ;  and  when  once 
indorsed,  a  note  may  go  through  any  number  of  hands,  like 
a  bank  bill,  with  or  without  any  further  indorsement.     The 
engagement  of  the  promiser  is,  to  pay  the  money  to  any  per- 
son who  holds  the  note,  when  it  becomes  due.     The  engage- 
ment of  each  indorser  is,  that  he  will  pay  the  note,  if  pay- 
ment be  punctually  demanded  of  the  promiser,  and  if  the 
indorser  be  duly  notified  of  non  payment.     The  indorser  is 
entitled  to  such  notice,  that  he  may  enforce  payment  from 
the  promiser  to  himself,  since  he  has  become  liable  from  the 
promiser's  inability  or  neglect  to  pay. 

313.  Bills  of  Exchange.     These  are  like  indorsed  notes, 
and  subject  to  exactly  the  same  legal  rules.     A  bill  of  ex- 
change is  an  order  drawn  by  A  on  B,  to  pay  to  C,  or  his  or- 
der, a  sum  of  money.     C,  or  the  person  to  whom  C  indorses, 
must  present  the  bill  to  B  for  acceptance.     When  accepted, 
it  is  like  an  indorsed  note  ;  because  the  promiser  of  a  note, 
and  the  accepter  of  a  bill,  stand  in  the  same  relation  as  to  all 
other  parties.     Bills  of  exchange  are  not  used  between  per- 
sons who  dwell  in  the  same  place,  as  notes  are ;  but  the  prin- 
cipal use  of  them  is,  between  merchants  who  dwell  in  differ- 
ent cities.     An  American  merchant,  for  example,  has  money 
in  the  hands  of  a  merchant  in  Europe.    The  American  draws 
his  bill  in  favor  of  any  one,  who  wants  money  in  the  place 


POLITICAL  CLASS  BOOK.  115 

where  the  American's  money  awaits  his  order ;  the  purchaser 
of  this  bill  sends  it  to  be  presented  to  the  European,  to  be 
accepted.  If  not  accepted,  or  if  accepted,  but  not  paid,  it 
returns  to  the  American,  who  inust  pay  it ;  if  he  does  not 
pay,  any  indorser,  who  has  been  duly  notified  of  such  non- 
payment, is  liable  to  pay.  The  convenience  of  the  commer- 
cial world  lias  made  it  necessary,  that  there  should  be  public 
agents,  whose  certificate  of  the  presentment  of  bills  of  ex- 
change for  acceptance  or  payment,  and  of  refusal  to  accept 
or  pay,  should  be  legal  evidence  of  such  fact,  everywhere. 
This  certificate  is  called  a  protest,  the  literal  meaning  of 
which  is,  for  proof '. 

314.  These  agents  arc  found,  in  all  commercial  countries, 
under  the  name  of  notaries  public.  They  are  appointed  by 
the  government,  and  sworn,  and  authorized  to  use  an  official 
seal.  In  some  countries,  as  in  France,  they  exercise  a  very 
extensive  authority.  They  take  memoranda,  or  notes  (notes, 
in  Latin),  of  contracts,  and  reduce  them  to  form,  and  record 
them  ;  and  their  certificate  of  copies,  from  their  own  records, 
is  legal  evidence  of  the  contract.  Their  name  is  derived 
from  the  above-mentioned  Latin  word.  Notaries  are  em- 
powered to  receive  declarations  from  masters  of  vessels  and 
their  mariners,  of  accidents,  damage  and  losses,  occurring  in 
a  voyage,  and  reduce  them  to  writing,  and  administer  an  oath 
as  to  the  truth  thereof,  and  make  a  record  of  such  declara- 
tion. This  act  is  called  &  protest.  The  act  done  on  the  first 
application  to  a  notary,  in  such  case,  is  called  noting  aprotest ; 
when  the  notary  has  written  out  the  declaration,  and  it  is  pre- 
pared for  signature  and  oath,  and  is  so  verified,  it  is  called 
extending  a  protest.  In  the  United  States,  no  act  of  a  no- 
tary is  legal  evidence  in  court,  except  in  the  case  of  protests 
for  non-acceptance  of  bills  of  exchange,  and  for  non-payment 
thereof.  Protests  relating  to  voyages  are  sometimes  admitted 
as  evidence,  by  consent  of  parties.  When  the  master,  or 
mariners,  are  called  as  witnesses,  a  protest  made  at  their  re- 
quest may  be  used  to  show,  that  the  story  therein  told,  and  that 
sworn  to  by  them  as  witnesses,  do  not  agree.  This  is  noth- 
ing but  an  application  of  the  common  rule,  that  any  discor- 
dant statement  of  the  same  matter,  made  by  a  witness,  at 
any  other  time,  may  be  offered  to  discredit  him.  In  all  cases, 
except  those  before  mentioned,  as  to  bills  of  exchange,  a  no- 
tarial certificate  is  of  no  more  legal  force,  in  the  United 
States,  than  a  certificate  made  by  any  other  citizen.  Yet, 
in  many  cases,  it  is  expedient  to  employ  notaries,  where  evi- 


116  POLITICAL  CLASS  BOOK. 

dence  is  to  he  preserved,  because  they  are  accurate,  in  gen- 
eral, in  what  they  do  ;,and  are  stationary,  and  easily  found, 
when  wanted  as  witnesses. 

315.  Insurance  Companies  are  corporations  established  by 
law.     A  fund  is  created  by  stockholders.     There  are  shares, 
officers,  and  a  place  of  business,  just  as  banks  have.     The 
ship-owner  insures  his  ship  in  this  manner  : — He  applies  to 
the  president  of  the  company,  and  informs  him  what  ship  it 
is,  where  bound,  how  laden,  and  what  the  moneyed  value  of 
the  whole  is.     Jt  is  then  agreed,  that  for  every  hundred  dol- 
lars insured,  the  ship-owner  shall  pay  one,  or  more  dollars 
to  the  company;   and  the  company  take  on  themselves  to 
pay  the  ship-owner,  the  amount  insured  on  the  ship  and 
lading,  if  they  are  lost  at  sea  by  storm,  fire,  piracy,  or  any 
other    disaster,   which   the  company  insure    against.      The 
profit  of  an   insurance  company  arises  thus  : — Suppose  one 
hundred  ships  are  insured,  each  one  valued  (for  example)  at 
$1000.     If  the  company  receive  three  dollars  for  every  $100 
insured,  they  would  receive   $3000,  and  have  the  risk  of 
$100,000.     If  one  ship  is  lost,  the  gain  is  diminished  to 
$2000  ;  if  two  ships  are  lost,  to  $1000 ;  if  three  ships  are 
lost,  there  is  no  gain  ;  if  four  or  more  ships  are  lost,  the  com- 
pany must  pay  out  of  its  capital.     The  average  of  losses  for 
many  years,  and  the  amount  of  money  paid  for  insurance 
(which  money  is  called  the  premium,  or  price  of  insurance), 
are  comparatively  such,  that,  after  paying  all  losses  out  of  the 
premiums,  there  remains  a  sum  of  money  to  be  divided 
among  stockholders,  which  gives  them  more  or  less  per  cent. 
annual  gain  on  the  capital ;  but  it  may  also  happen,  that  the 
losses  are  so  great,  as  to  make  it  a  losing  concern. 

316.  In  like  manner,  buildings  may  be  insured  against 
fire.     There  may  be  also  a  mutual  insurance  company,  which 
is  thus  formed  : — A  number  of  persons  agree  that  their  build- 
ings shall  be  valued ;  that  each  one  shall  pay  into  the  com- 
pany's treasury  so  many  dollars  for  every  hundred  of  the  value. 
This  makes  a  fund.     If  a  building  is  burnt,  it  is  paid  for  out 
of  the  fund.     If  the  fund  is  expended,  and  there  is  more  to 
pay,  members  of  the  company  may  be  assessed.    In  practice, 
the  whole  number  of  buildings  insured  is  so  great,  and  the 
payment  into  the  treasury  so  great,  in  proportion  to  losses, 
that  one  may,  and  commonly  docs,  receive  back,  at  the  end 
of  seven  years,  a  large  part  of  the  sum  paid  as  his  contribu- 
tion to  the  treasury  fund. 

317.  Insurance  may  be  made  on  the  risk  or  hazard  of  the 


POLITICAL  CLASS  BOOK.  117 

duration  of  human,  life.  Any  person,  who  wants  an  insur- 
ance of  this  nature,  applies  to  an  insurance  company,  and 
states  such  circumstances  as  are  proper  to  be  taken  into  con- 
sideration in  estimating  the  risk.  The  party  who  v/ants  in- 
surance pays  to  the  company  a  sum  agreed  on,  and  the  com- 
pany engage  to  pay  to  the  heirs,  or  other  representatives  of 
the  insured,  a  far  greater  sum,  if  he  should  happen  to  die 
within  the  number  of  years  for  which  the  contract  is  to  run. 
If  the  insured  live  through  the  number  of  years,  the  company 
keep  the  money  paid  to  them,  and  are  discharged  from  all 
liability  to  pay.  Insurance  of  this  nature  is  sometimes  made 
by  persons  who  have  an  annual  income  while  they  live,  but 
vyhich  ceases  at  their  death.  By  such  insurance,  they  may 
secure  a  sum  of  money  for  their  families.  If  the  payment  of 
a  debt  is  supposed  by  a  creditor  to  depend  on  the  continu- 
ance of  the  debtor's  life,  the  creditor  may  cause  insurance  to 
be  made  on  the  debtor's  life.  In  all  cases  where  insurance 
is  made,  the  insured  must  disclose  all  circumstances  which 
ought  to  come  from  him,  and  which  are  necessary  to  a  fair 
estimate  of  the  risk.  Any  fraud,  in  this  respect,  avoids  the 
contract. 


CHAPTER  XXVI. 

Persons — their  Capacities,  and  Incapacities. 

318.  ALL  persons  dwelling  in  the  United  States  may  be 
divided  into  two  classes  : — (1.)  those  who  are  under,  (2.) 
those  who  are  above,  twenty-one  years  of  age. 

The  first  class  includes  both  sexes,  and  all  persons,  from 
birth  up  to  full  age  ;  that,  is,  twenty-one  years.  In  the  lan- 
guage of  the  law,  all  these  persons  are  considered  as  being 
'n  the  state  of  infancy.  A  youth  of  twenty  years,  and  a  child 
of  twenty  months,  are,  in  law,  infants.  The,  first  class  are 
also  known  in  the  law  as  minors.  The  word  minor,  in  Latin, 
means  smaller  ;  the  word  natus,  born,  is  implied  or  under- 
stood to  be  joined  with  it,  when  applied  to  age.  These  two 
words,  so  joined,  mean  younger  than  a  certain  age.  As  used 
in  the  United  States,  minor  means  a  person  younger  than 
twenty-one  ;  in  some  ooier  countries,  than  twenty-five. 

319.  The  second  class  includes  all  persons  above  twenty- 
one,  who  are  called  adults,  which  term  is  derived  from  a  Latin 


118  POLITICAL  CLASS  BOOK. 

word  which  means  to  grow  up,  and  has  the  meaning  of  grown 
up.     Adults  are  male  or  female,  single  or  married. 

320.  Infants  are  under  the  natural  guardianship  of  parents, 
or  under  appointed  guardians  (and  then  they  are  called  wards), 
or  under  no  guardianship.     In  Massachusetts,  and,  it  is  sup- 
posed, in  all  the  other  states,  a  guardian  has  the  same  power 
over  his  ward,  that  a  parent  has  over  his  child,  and  has  the 
custody  of  his  person,  and  may  require  his  residence  to  be  in 
any  particular  place.     Infants  have  the  right  to  choose  their 
guardians  after  the  age  of  fourteen.     A  minor  cannot  make 
a  contract,  except  to  become  apprentice,  or  for  necessary  food 
und  clothing  ;  and  for  instruction,  and  necessary  medicine  ; 
or  for  something  which  the  law  considers  necessary,  and  for 
his  benefit. 

321.  Minors  who  contract  debts,  will  be  held  to  pay  them, 
if  they  promise  to  do  so,  after  they  come  of  age.     They  may 
be  witnesses  at  the  age  of  ten  or  twelve  years,  and  even 
younger,  if  they  show,  on  examination,  that  they  are  sensible 
of  the  obligation  of  an  oath. 

322.  They  are  answerable  for  crimes,  and  may  be  indicted 
and  tried.     Instances  have  occurred  of  trials,  and  punish- 
ments by  death,  at  an  early  age.     In  England,  a  boy  was  ex- 
ecuted, in  1748,  for  a  heinous  murder,  at  the  age  of  ten,  on 
the  opinion  of  the  twelve  judges.    At  the  age  of  sixteen,  a  male 
person  is  considered  taxable  for  his  poll ;  and  liable  to  be  en- 
rolled in  the  militia  at  the  age  of  eighteen. 

323.  Minors  may  own  real  or  personal  estate,  by  inheri- 
tance or  gift.     Their  earnings  belong  to  the  father,  because 
he  is  liable  for  their  support ;  but  not  to  their  mother,  for  she 
is  not  so  liable.     A  minor  cannot  make  a  will  of  real  estate, 
but  may  of  personal  estate.     In  Massachusetts,  a  male  infant 
of  fourteen  may  dispose  of  personal  estate  by  will.     Such  ap- 
pears to  be  the  law  in  England  ;  and  that  a  female  there  may 
make  such  will  at  twelve.     It  does  not  appear  that  the  same 
rule,  as  to  females,  has  been  admitted  here,  or  that  the  ques- 
tion has  arisen.. 

324.  A  minor,  whose  time  is  given  to  him  by  his  father, 
may  contract  for  his  own  benefit ;  and  though  he  may  sue 
for  earnings  in  the  name  of  a  guardian  or  friend  who  is  of  age, 
he  is  not  liable  to  be  sued.     If  his  father  is  not  living,  he  is 
entitled  to  his  own  earnings. 

325.  A  minor  comes  of  age  the  first  minute  of  that  day  on 
which  his  twenty-first  year  is  completed.     Both  males  and 
females  are  of  age  at  twenty-one. 


POLITICAL  CLASS  BOOK.  119 

326.  Males  may  be  bound  to  apprenticeship  till  twenty- 
one  j  females,  till  eighteen,  or  till  marriage  before  eighteen. 
Both  sexes  may  be  bound  out  till  fourteen,  without  their  con- 
sent ;  and  after  fourteen,  by  the  father,  without  their  consent ; 
if  there  be  no  father  living,  the  mother  or  guardian  may  bind 
them,  with  their  consent,  as  apprentices.    A  minor  over  four- 
teen years  of  age,  who  has  no  father,  mother,  or  guardian, 
may  bind  himself,  with  the  approbation  of  the  selectmen. 
When  minors  are  improperly  treated  by  their  masters,  the 
remedy  is,  to  complain  to  the  Court  of  Common  Pleas,  who 
may  order  that  the  minor  be  discharged  from  his  apprentice- 
ship. 

327.  Male  adults  have  all  the  rights,  and  are  subject  to  all 
the  duties,  of  citizens  ;  except  that,  after  forty-five  years  of 
age,  they  are  not  liable  to  military  duty,  nor  to  serve  on  ju- 
ries after  seventy  years. 

328.  By  marriage,  the  husband  acquires  a  right,  absolute- 
ly, to  all  the  personal  estate  owned  by  the  wife,  when  the 
marriage  took  place,  and  to  all  that  falls  to  her  after  mar- 
riage.    He  has  the  right  to  use,  manage,  and  dispose  of  all 
her  real  estate,  while  the  marriage  life  continues ;  and  may 
use  the  wife's  real  estate  for  his  life,  if  the  wife  dies  first,  and 
if  there  be  any  children  of  the  marriage  ;  otherwise  not,  and 
it  goes  to  her  heirs.     As  a  wife  is  considered  as  having  no 
property  in  her  own  right,  except  as  hereafter  mentioned,  she 
cannot  make  a  will. 

329.  A  father  is  the  natural  guardian  of  his  children,  and 
is  bound  to  support  and  educate  them,  and  is  consequently 
entitled  to  obedience.     He  has  the  power  to  enforce  obedi- 
ence.    If  a  father's  conduct  towards  his  children  should  be 
severe  and  cruel,  it  may  be  punished  as  a  public  offence. 

330.  A  wife  is  held  to  be  subject  to  the  reasonable  will  of 
the  husband.     The  right  of  deciding  where,  and  how  he  will 
live,  is  vested  in  him,  and  the  members  of  his  family  must 
conform  to,  his  will.     If  a  husband  does  not  provide  for  his 
wife  reasonably,  and  according  to  his  ability,  she  may  provide 
for  herself,  and  may  cause  him  to  be  made  debtor  therefor. 
Whether  the  supplies  are  such  as  will  bind  the  husband,  is  a 
matter  which  the  creditor  must  look  to. 

331.  Husbands  and  wives  have  no  remedy  for  ill  treatment 
between  themselves,  until  conduct  becomes  criminal.     They 
must  bear  their  wrongs  as  they  can,  the  policy  of  the  lavr 
leaving  them  to  themselves  until  one  or  the  other  is  so  ag- 
grieved, as  to  be  able  to  make  oath,  before  a.  magistrate,  of 


320  POLITICAL  CLASS  BOOK. 

fear  of  personal  violence,  in  which  case  bonds  may  be  requir- 
ed from  the  party  complained  of,  to  keep  the  peace. 

33:2.  They  may  be  separated,  on  the  complaint  of  either, 
by  decree  of  court,  for  extreme  cruelty,  though  they  continue, 
in  such  case,  to  be  husband  and  wife. 

The  marriage  may  be  dissolved  by  a  decree  of  the  Su- 
preme Judicial  Court,  on  the  complaint  of  either,  for  causes 
(.•numerated  in  the  law. 

It  is  found,  in  most  of  those  melancholy  cases,  which  are 
heard  in  court,  that  the  original  cause  of  the  misery  disclosed, 
was  intemperance. 

333.  A  female,  while  single,  and  of  full  age,  may  be  the 
owner,  by  inheritance  or  gift,  and  by  her  own  act,  of  any 
property,  real  or  personal.     She  has  the  full  power,  as  a  man 
of  full  age  has,  to  make  any  contract  concerning  property. 
She  may  buy,  sell,  make  deeds,  make  a  will,  or  give  away, 
as  she  pleases.     She  has  no  civil  rights  but  those  of  protec- 
tion, nor  any, duties  but  those  of  obedience.     Her  property, 
but  not  her  poll,  or  faculty  of  acquiring,  is  subject  to  taxa- 
tion. 

334.  If  a  woman  under  age  marries,  she  is  still  a  minor, 
and  can  do  no  act  which  a  minor  cannot  do ;  but  her  hus- 
band acquires  the  absolute  ownership  of  her  personal  estate, 
whether  she  was  over  or  under  twenty-one,  at  the  time  of 
marriage  :  and  the  right  to  use,  manage,  arid  .dispose  of  lu-r 
real  estate,  in  either  case. 

335.  While  she  is  married,  and  owner  of  real  estate,  h.-r 
husband  cannot  convey  it  away,  for  a  time  longer  than  the 
married  'ife  :  or,  if  they  have  children,  for  his  own  life.    The 
husbanu  and  wife  may,  by  joining  in  the  same  deed,  convey 
away  absolutely  her  real  estate,  and  the  money  obtained  for 
it  becomes  his  money.     She  may  bar  herself  of  her  right  of 
dower,  by  joining  in  a  deed  with  her  husband  ;  but  cannot. 
do  it  by  a  separate,  after-made  deed. 

336.  A  husband,  dying  in  the  lifetime  of  his  wife,  may,  by 
will,  cut  her  off' from  all  his  estate  but  a  right  of  dower;  that 
is,  the  right  to  have  for  life  the  use  of  one  third  of  all  the  real 
estate  which  ho  owned  during  the  marriage,  and  whereof  she 
has  not  barred  herself  by  joining  with  him  in  a  deed.     The 
law  has  provided  a  mode  for  assigning  to  the  widow  her  dow- 
er in  the  husband's  estate,  whether  she    marries   again  or 
not. 

337.  On  the  decease  of  a  person,  debts  are  first  to  be  paid, 
in  all  cases.     If  a  man  dies  without  leaving  a  will,  or  widow, 


POLITICAL  CLASS  BOOK.  121 

or  children,  his  heirs  at  law  inherit  his  estate.  If  there  be  a 
widow  and  children,  but  no  will,  the  personal  estate  is  divid- 
ed into  thirds,  of  which  the  widow  takes  one,  and  the  chil- 
dren two.  If  there  be  a  widow  only,  she  takes  half  the  per- 
sonal estate,  and  the  heirs  at  law  of  the  husband  take  the 
other  half.  If  there  be  no  heirs  at  law  of  the  husband,  the 
widow  takes  all  the  personal  estate.  A  widow  is  entitled  to 
dower  in  all  cases,  unless  provided  for,  by  the  will  of  the  hus- 
band, to  her  acceptance.  If  the  deceased  left  no  will,  nor  kin- 
dred capable  of  inheriting,  his  estate  escheats  (from  a  French 
word  meaning  to  fall,  or  happen  to)  to  the  commonwealth,  or 
state.  No  such  right  can  accrue  to  the  United  States.  If 
there  be  a  widow,  all  but  her  dower,  in  such  case,  escheats. 
The  right  of  the  state  to  take,  is  founded  in  this  : — By  the 
ancient  law,  every  subject  held  his  estate,  in  land,  in  some 
way,  from  his  sovereign.  When  the  tenant  died,  leaving  no 
one  to  take  his  place,  and  perform  duties  to  the  sovereign,  in 
connexion  with  the  estate,  the  sovereign  took  the  estate  to 
himself,  to  make  a  new  tenant.  The  right  to  take  continues, 
though  the  reason  for  taking  has  long  since  ceased. 

338.  The  judge  of  probate  is  authorized,  by  law,  to  make 
an  allowance,  out  of  the  personal  estate,  to  a  widow  of  an  in- 
testate, whether  her  husband  died  insolvent,  or  not.     This 
allowance  depends  on  circumstances,  on  which  the  judge  is 
to  decide.     This  is  a  reasonable  and  humane  provision  of 
the   law,  as  a  widow  might,  otherwise,  be   utterly   destitute, 
in  some  cases,  though  with  a  family  to  take  care  of. 

339.  If  one  dies,  leaving  a  will,  he  is  said  to  die   testate  : 
that  is,  he  leaves  proof,  or  testament   (fastis  is  a  Latin  word, 
meaning  witness),  of  his  will :  if  he  dies  without  leaving  a 
will,  he  dies  intestate.    If  the  first  case,  his  testament  disposes 
of  his  estate  :  in  the  other,  the  law  orders  (1.)  payment  of 
debts;  (2.)  the  distribution  of  residue  of  personal  estate',  as 
before  stated;  (3.)  assignment  of  dower;  (4.)  the  real  estate, 
and  reversion  of  the  widow's  dower,  descend  in  equal  shares 
to  the  children.     Reversion  means  the  right  to  have  the  lane!, 
after  the  estate  for  life,  vested  in  a  widow  or  other  person, 
ends  ;  that  is,  the  land  then  reverts,  or  returns,  to  the  heir. 
If  a  child  dies  in  the  lifetime  of  the  intestate,  leaving  a  child, 
such  grand-child  takes  the  share  of  the  intestate's  estate, 
which  its  parent  would  have  taken,  if  living. 

340.  A  female  who  owns  real  or  personal  estate,  or  both, 
and  who  is  about  to  be  married,  may  secure  to  herself  apart, 
or  all  of  her  property,  and  put  it,  with  the  consent  of  her  i'i- 

11 


122  POLITICAL  CLASS  BOOK. 

tended  husband,  beyond  his  control,  and  beyond  the  reach 
of  his  creditors,  and  hold  it,  for  all  purposes  of  security  and 
use,  as  her  own.  This  is  done  by  a  written  contract,  in 
which  the  woman  is  one  party,  her  intended  husband  another, 
and  one  or  more  trustees,  the  third.  The  right  of  property 
is  vested  in  the  third  party,  but  for  the  purpose  of  paying 
over  to  the  wife  all  or  some  of  the  income,  interest  and  profits. 
When  the  money  comes  to  her  hand,  she  may  do  with  it  as 
she  pleases. 

341.  The  contract  which  is  called  a  marriage  settlement, 
may  contain  any  provisions  which  the  parties  see  fit  to  estab- 
lish ;  and,  among  others,  that  the  wife  may  make  a  will,  to 
the  same  effect  as  though  she  were  an  unmarried  woman. 

342.  A  widow  is  entitled  to  be  administratrix  of  a  deceased 
husband,  and  take  on  herself  the  settlement  of  his  estate ;  and 
she  may  be  appointed  guardian  of  her  children,  if  she  pleases ; 
but  it  is  not  usual  to  appoint  a  widow  to  both  these  offices. 

343.  It  is  one  of  the  most  striking  defects  in  our  system 
of  education,  that  females  are  so  generally  uninstructed  in 
the  substance  and  forms  of  business.     Much  precious  time  is 
devoted,  in  early  life,  to  some  accomplishments,  which  are 
neglected  and  forgotten  amidst  the  cares  of  married  life.     It 
would  be  far  more  useful  to  devote  that  time  to  make  women 
intelligent,  in  those  affairs  which  concern  them  deeply,   as 
mothers,  widows  and  guardians,  and  in  the  character  of  ex- 
ecutrix and  administratrix  ;  and  frequently  in  other  employ- 
ments, which  require  a  familiarity  with  the  forms  of  business. 
In  Europe,  it  is  not  uncommon  for  females  to  have  the  chief 
management  of  important  business  establishments.     They 
are  sometimes  members  of  mercantile  houses.     It  is  not  to  be 
desired  that  employments  of  this  nature  should  be  common 
among  the  American  ladies  :  they  can  be  much  better  em- 
ployed.    But,  considering  the  frequent  and  sudden  changes 
in  our  country,  we  may,  perhaps,  be  permitted  to  say,  that  to 
know  well  the  nature  of  contracts,  and  the  forms  in  which 
they  should  appear,  and  to  be  able  to  keep  accounts  accu- 
rately, and  to  know  the  general  principles  of  law  by  which 
their  interests  are  affected,  may  be  as  useful,  as  to  be  able  to 
speak  Italian  or  French,  to  paint  flowers  and  landscapes,  or 
converse  well  on  the  comparative  merits  of  poets  and  novel- 
ists.   Not  that  accomplishments  of  this  nature  are  overvalued. 
Everything  that  tends  to  enlarge  and  adorn  the  female  mind, 
is  a  positive  advantage  to  society  ;  and  no  sensible  man  doubts 
that  his  own  happiness  depends  on  refinement ;  and  that  re- 


POLITICAL  CLASS  BOOK.  123 

finement  depends  on  the  degree  of  moral,  intellectual,  and 
polished  acquirement  to  which  women  attain.  Yet,  why 
should  not  females  be  instructed  also  in  their  social  rights, 
and  in  the  means  of  preserving  what  is  their  own  ?  and  why 
should  they  be  deprived  of  the  benefit  of  knowing  that  they 
can  protect  themselves  against  the  barbarism  of  laws  which 
crept  into  the  social  system  when  women  were  slaves,  and 
not,  as  now  happily  they  are,  the  friends,  companions  and 
counsellors  of  the  other  sex  ? 


CHAPTER  XXVII. 

Classification  of  Persons. 

344.  THE  benefits  which  arise  from  disciplining  the  bodily 
powers,  the  moral  sense,  and  the  intellectual  faculties,  con- 
sist in  this — that  the  human  being  is  thereby  enabled  to  ob- 
tain necessaries,  and  independence,  and  comfort,  and  luxu- 
ries.    These  results  are  got  at  by  devoting  one's  self  to  some 
one  of  the  departments  of  labor,  which  arise  in  society.    These 
departments  may  be  classed,  and  the  classes  subdivided  almost 
indefinitely.     The  subdivisions  are  more  or  less  numerous,  in 
proportion  to  the  density  of  population,  and  the  state  of  the 
arts  and  sciences  which  are  known,  and  in  use. 

345.  The  people  of  any  nation  fall  under  some  one  of 
these  classes.     First,  those  who  live  by  muscular  exertion,  or 
simple  labor,  whose  time  is  their  fortune,  and  who  may  be 
said  to  sell  their  time,  or  to  exert  their  bodily  powers,  in  a 
certain  way,  for  one  or  more  hours,  days,  months,  or  years  ; 
and  who  are  to  be  paid  therefor  an  agreed  sum,  under  the 
name  of  wages.     This  class  part  with  nothing  in  the  nature 
of  property.     They  receive  property,  that  is,  money,  or  its 
equivalent,  for  the  service  which  they  render  to  other  persons, 
or  for  the  time  and  labor  which  they  expend  on  the  property 
of  others.     This  class  of  persons  is  a  large  one  throughout 
the  world  ;  in  proportion,  more  numerous  in  the  old  world 
than  in  America.     It  is  divisible  into  other  classes,  but  the 
distinction  which  includes  all,  and  separates  all  from  all  other 
classes,  is,  that  they  dispose  of  time  for  wages. 

346.  The  second  class  are  those,  who  use  bodily  powers 
by  means  of  mechanical  instruments,  in  changing  the  mate- 
rials which  come  from  the  hand  of  nature,  into  such  forms, 


124  POLITICAL  CLASS  BOOK. 

and  fitness  for  use,  as  the  wants  of  mankind  require.  These 
materials  proceed  from  the  surface,  or  the  bowels  of  the 
earth  ;  or  from  its  waters  ;  or  from  animals,  which  man  is 
permitted  to  subdue  or  hold  in  servitude.  This  class  includes 
nil  \vho  are  engaged  in  the  mechanic  arts.  It  comprises 
many  and  various  classes  ;  and,  taken  collectively,  calls  (gen- 
erally speaking)  for  the  exertion  of  all  the  faculties,  and  qual- 
ities, and  knowledge,  and  science,  which  men  have,  or  can 
attain  to. 

347.  Without  intending  to  go  into  minute  particulars,  we 
may  find  in  this  department,  (1.)  The  knowledge  of  material 
substances,  their  qualities,  their  adaptation  to  use^  the  modes 
of  applying  them  to  use  ;  the  effect  of  combinations  of  two  or 
more  ;  the  changes  which  art  can  effect  on  them  ;  whence 
and  how  they  originate  ;  in  what  quantities  ;  how  obtained  ; 
and  through  what  changes  they  must  pass,  to  be  put  in  a  con- 
dition for  final  use,  or  consumption. 

348.  (2.)  The  application  of  the  abstract  rules  of  art  and 
science,  in  operating  on  these  natural  substances,  to  bring 
about  the  desired  purposes.     It  is  hardly  necessary  to  say, 
that  common  school  attainments  are  indispensable.    To  these 
may  be   added,  all  the  rules  of  proportion,  or  comparative 
measurements,  mathematical  calculations  and  estimates  ;  the 
whole  round  of  natural  and  practical  philosophy,  that  is,  the 
nction  of  matter  upon  matter,  in  its  thousands  of  forms  ;  the 
inventions  of  human  genius  in  overcoming  the  state  of  rest, 
or  power  of  attraction  or  gravitation  to  the  earth  ;  or  in  giving 
to  action  the  desired  force,  or  in  preventing  it,  controlling  it, 
or  modifying  it,  by  means  of  the  screw,  lever,  wedge,  pulley 
rope,  inclined  plane,  and  the  endless  variety  of  mechanical 
inventions,  in  which  these  original  powers  are  used.     To  il- 
lustrate these  general  terms,  we  may  trace  one  of  the  manu- 
facturing operations,  in  which  the  course  of  labor,  the  me- 
chanicaf  operation,  and  the  use  of  its  product,  may  be  dis- 
cerned. 

349.  A  landholder,  dwelling  in  a  suitable  climate,  raises 
cotton,  by  the  labor  of  persons  to  whom  he  pays  wages,  or 
whose  labor  he  can  command.     By  a  certain  course  of  cul- 
ture, the  cotton  grows,  ripens,  and  is  made  fit  for  market. 
The  planter  sells  it  to  the  manufacturer,  and  receives  for  it 
money,  which  will  be  either  more  or  less  than  enough  to 
cover  all  the  charges  and  expenses  incurred  in  carrying  on 
the  plantation  ;  and  enough  to  live  upon,  according  to  his 
Btyle,  and  to  give  him  a  rent  or  profit,  on  the  cost  of  his 


POLITICAL  CLASS  BOOK.  125 

plantation,  implements,  machinery,  cattle,  &c.  &c.  If  he 
receive  more  than  enough  for  these  purposes,  he  is  thriving ; 
if  less,  he  is  not  growing,  at  least  for  that  season,  wealthier, 
perhaps  less  wealthy  ;  which  may  be  caused  by  the  dimin- 
ished or  injured  state  of  the  crop,  by  the  fall  of  prices,  by  the 
excess  of  the  article  above  the  demand  for  it,  or  by  political 
changes.  The  result,  however  produced,  is,  that  he  takes 
the  sum  agreed  on  between  him  and  the  manufacturer, 
whether  he  gain  or  lose  by  the  bargain.  There  may  be,  and 
usually  are,  many  intermediate  holders  of  the  article,  between 
the  planter  and  such  buyer.  The  manufacturer,  by  water  or 
land,  or  both,  places  the  cotton  in  his  factory.  Its  cost  to 
him  there,  is  the  original  and  all  intervening  cost.  It  is  then 
submitted  to  the  changes  which  the  raw  material  must  go 
through ;  as  picking,  cleaning,  carding,  spinning,  weaving, 
bleaching,  dyeing,  printing  or  stamping,  pressing,  &/c.  &.C., 
until  it  comes  forth  from  this  multifarious  process,  a  beauti- 
ful, soft,  variegated  cloth,  which,  in  Queen  Elizabeth's  time, 
would  have  been  deemed  a  luxury  of  apparel  in  her  sumptu- 
ous court.  The  manufacturer  passes  it  to  the  hands  of  the 
class  of  persons  next  after  mentioned,  for  a  sum  which  will 
cover  all  that  he  paid  out  in  the  original  purchase,  and  all 
that  he  has  afterwards  expended,  and  a  rent  or  profit  on  the 
whole  cost  of  his  manufacturing  establishment,  comprising  all 
labor,  and  a  great  variety  of  materials  necessarily  used  up  in 
the  process.  It  then  passes,  probably,  through  many  hands, 
each  one  adding  something  to  the  cost,  until  it  comes  to  be  a 
garment,  the  wearer  of  which  pays  the  whole  cost,  from  the 
moment  when  the  cotton  seed  was  put  into  the  ground,  up  to 
the  time  when  the  garment  is  put  to  use,  and  when  all 
charges,  by  which  profit  or  loss  arises,  end.  '  It  performs  its 
service,  and  then  goes  into  the  fragment  basket,  reserved  for 
the  paper  manufacturer.  Here  it  takes  a  new  start,  and  be- 
comes an  original  material  in  a  new  process,  and  re-appears 
in  a  sheet  of  paper. 

350.  The  same  theory  applies  to  all  processes  by  which 
the  products  of  nature  are  converted,  by  art,  labor,  and  ma- 
chinery, into  articles  for  use.     It  is  obvious,  that  this  depart- 
ment of  industry  must  be  divided  into  very  many.     But  the 
distinguishing  characteristic  of  this  class,  is,  that  it  operates 
by  the  application  of  bodily  power,  under  that  of  the  mind, 
to  modify,  by  mechanical  implements  and  machinery,  mate- 
rial substances,  for  human  use,  comfort,  or  luxury. 

351.  (3.)  The  third  class  is  that  very  numerous  one,  who 

11* 


126  POLITICAL  CLASS  BOOK. 

deal  in  the  products  of  nature  and  of  art ;  who  receive  these 
products,  by  purchase,  for  the  purpose  of  exchanging  them 
for  money,  or  other  products,  at  a  profit.  No  change  is  made 
in  these  products,  while  in  their  possession.  They  buy  to 
sell  again,  either  in  the  place  of  purchase,  or  in  other,  and 
even  distant  climes  and  countries.  It  is  this  class,  who  trav- 
erse the  earth  and  the  ocean. 

They  are  merchants ;  which  name  is  derived  from  the  Latin 
mcrcator,  one  who  buys  and  sells,  or  trades.  This  class  is 
divided  into  many,  and  includes  the  retailer  of  the  village, 
who  gathers  in  his  place  of  business  all  the  articles  which  are 
adapted  to  supply  the  wants  of  his  neighborhood.  The  word 
merchant  is  used  to  distinguish  those  who  are  engaged  in 
commerce  with  foreign  countries,  and  who  deal  in  wholesale 
quantities  ;  and  the  word  trader,  those  who  retail,  or  sell  in 
small  ones.  If  the  articles  which  are  contained  in  a  trader's 
store,  were  examined  and  traced  to  their  origin,  one  would 
learn,  thereby,  something  of  most  of  the  mechanic  arts  by 
which  men  gain  their  bread.  Such  a  store  may  be  a  source 
of  instruction  to  a  youthful  inquirer.  He  will  be  surprised  to 
find  how  many  human  beings  have  labored  on  the  articles 
within  his  view. 

352.  The  merchant  who  imports  a  ship-load  of  teas,  silks, 
sugars,  or  china,  from  the  other  side  of  the  globe,  sells  it  in  large 
quantities ;  the  purchasers  sell  in  lesser  quantities ;  and  thus  the 
distribution  is  made,  through  successive  dealers,  until  the  con- 
sumer takes  it,  who  pays,  in  the  price  he  gives,  the  original 
cost,  and  all  the  intermediate  charges  and  profits. 

353.  (4.)  The  fourth  class  is  that  which  deals  in  no  prod- 
uct of  nature,  or  of  the  arts,  but  whose  employments  indirect- 
ly relate  to  all  of  them,  and  to  the  rules  which  govern  them; 
and  to  the  sources  of  political,  social,  moral,  and  religious 
order  in  the  community.     Their  stock,  .or  capital,  is  not 
money,  nor  property.     It  is  the  fruit  of  long-continued  labor 
and  study,  which  constitutes  an  intellectual  stock  or  capital. 
This  is  to  be  used  for  the  convenience   and  benefit  of  the 
community,  while  it  gives  to  the  possessors  of  it  a  title  to  com- 
pensation for  the  service  which  they  render.     In  this  class 
are   found   teachers   of  schools,  professors   in   the   various 
branches  of  science ;  physicians  and  surgeons  ;  those  who 
act  in  the  administration  of  justice,  whether  on  the  bench  or 
at  the  bar ;  the  instructers  in  piety,  morality  and  religion  ;  and 
those  who  may  assume  to  be  statesmen. 

354.  It  is  apparent,  that  a  community  may  have  a  dispro- 


POLITICAL  CLASS  BOOK.  127 

portion  of  some  of  these  classes,  compared  with  its  whole 
number ;  in  which  case,  some  may  find  it  difficult  to  obtain 
full  employment.  It  may  happen,  too,  from  changes  wholly 
unexpected,  that  some  of  the  subordinate  classes  may  be  par- 
tially unemployed.  Sometimes  political  changes,  as  wars  and 
other  calamities,  affect  and  distress  whole  communities ; 
sometimes  business  is,  from  unforeseen  causes,  less  vigorous  ; 
but  it  revives  again,  or  industry  seeks  and  finds  for  itself  new 
channels.  A  free  and  intelligent  people,  dwelling  in  an  ex- 
tensive and  productive  country,  will  discover  and  avail  them- 
selves of  the  means  of  prosperity,  and  adapt  themselves  to  an 
ascertained  state  of  things. 

355.  The  last,  though  not  the  least,  class,  are  the  cultiva- 
tors of  the  earth.  Those  who  raise  one  single  article,  as  cot- 
ton, coffee,  sugar,  rice,  are  subject  to  reverses,  from  acci- 
dental causes.  Political  events,  the  state  of  the  seasons,  and 
the  changes  in  trade,  even  in  distant  countries,  may  affect 
them.  But  those  who  live  in  more  temperate  latitudes,  and 
whose  labor  produces  a  variety  of  necessaries,  are  not  so  ma- 
terially affected  by  changes  in  moneyed  prices.  This  class 
is  distinguishable  from  all  others  in  this,  that  the  number  of 
its  individuals,  however  much  increased,  does  not  destroy, 
nor  materially  impair,  their  relative  independence.  The  same 
union  of  nature  and  art,  which  exhibits,  on  two  hundred 
acres,  cattle,  grain,  vegetables,  fruits  and  homes,  will  permit 
the  same  appearances  on  millions  of  acres.  Each  cultivator, 
who  is  contented  with  the  products  of  his  own  soil  and  labor, 
may  be  independent  of  all  others  of  the  same  class,  and  of 
most  other  classes  of  the  community.  To  be  comfortable, 
however,  he  must  be  able  to  convert  some  of  the  products  of 
his  labor  into  the  measure  of  all  things — money — with  which 
to  satisfy  some  demands  and  wants,  which  are  to  be  no  oth- 
erwise satisfied. 


CHAPTER  XXVIII. 

Choice  of  Employments. 

356.  WHEN  a  youth  has  received  a  school  education,  he 
is  to  devote  himself  to  some  one  of  the  divisions  of  labor- 
Which  of  them  he  shall  choose,  is  «f  such  importance,  that 


128  POLITICAL  CLASS  BOOK. 

his  welfare  for  life  may  depend  on  it.  The  discretion  of  pa- 
rents and  of  friends,  peculiar  circumstances,  qualities,  facul- 
ties and  inclinations,  must  have  their  influence  in  directing 
the  choice.  Such  guides,  although  the  best  to  be  had,  are 
not  infallible.  Hence  we  sometimes  see  sad  disappointments 
in  life  ;  and  that  individuals  fail  entirely,  in  a  chosen  pursuit, 
who  might  have  been  respectable,  or  perhaps  eminent,  in 
some  other.  There  is  no  general  rule.  The  nearest  that 
one  can  come  to  it,  is  to  choose  carefully,  and  to  persevere. 
Sometimes  a  peculiar  adaptation  appears  late  in  life,  and 
should  undoubtedly  be  followed.  One  of  the  ablest  generals 
of  the  French  revolution  was  a  lawyer  till  the  age  of  thirty- 
five.  One  of  the  most  eloquent  lawyers  of  the  English  bar, 
and  who  rose  to  be  lord  chancellor,  was  a  navy  officer  till  he 
was  forty.  One  of  the  most  renowned  admirals  of  the  British 
navy  was  never  on  shipboard  till  he  was  fifty.  Many  similar 
cases  could  be  pointed  out  in  our  own  country. 

357.  A  farmer's  life  is  one  of  labor  and  of  care.     It  is  an 
honorable  life  ;  and,  when  pursued  with  diligence  and  good 
sense,  is  as  little  subjected  to  unfortunate  changes  as  any  one 
that  can  be  mentioned.     It  has  greatly  improved,  in  late 
years,  by  means  of  agricultural  societies.     Such  institutions 
eminently  prove  the  utility  of  social  communion,  and  the  ben- 
efits which  arise  from  comparing  opinions,  and  making  the 
fruits  of  individual  experience  a  common  stock.     A  farmer 
has  his  hours  of  quiet  and  of  rest,  and  can  participate  with 
the  learned  in  the  pleasures  and  advantages  of  intellectual 
pursuits.     To  know  how  these  hours  may  be  most  profitably 
spent,  is  much  to  be  desired.     There  is  no  want  of  books  ; 
but  in  this,  as  in  other  walks  of  life,  it  is  not  well  known  in 
what  estimation,  comparatively,  books  should  be  held,  nor 
which  of  them  should  be  read  in  preference  to  others.* 

358.  If  the  destination  be  to  some  one  of  the  mechanical 
divisions  of  labor,  it  is  not  enough  to  depend  on  the  slow  pro- 
cess of  experience  and  habit.     There  are  books,  in  most  of 

*  It  may  be  pardonable  to  remark,  that,  although  the  dwelling-places  of 
New  England  larmers  are  gradually  assuming  an  air  of  neatness  and  of  com- 
fort, one  does  not,  in  general,  see  around  them  the  beautiful  ornament  of  flow- 
ering vines,  and  similar-products,  which  might  be  cultivated  with  little  care, 
and  without  expense.  The  English  farm-house  is  indebted, vin  no  small  de- 
gree, to  such  ornaments,  for  the  smile  of  pleasure  which  the  passenger  be- 
stows. Everything  which  tends  to  make  one's  home  cheerful  and  pleasant, 
has  something  in  it  of  moral  fitness  and  elevating  sentiment.  Such  things 
concern  the  young,  and  belong,  especially,  to  the  department  of  femal* 
taste. 


POLITICAL  CLASS  BCjfpiy.  A2> 

them,  which  would  essentially  aid  in  a  particular  branch  of 
business,  and  satisfy  an  inquiring  mind  as  to  the  reasons  or 
principles  of  the  action  to  which  life  is  to  be  devoted. 

359.  There  is  a  degree  of  learning,  to  which  all  need  to 
attain,  in  the  department  of  buying  and  selling,  on  whatsoever 
scale  that  business  is  conducted.     In  some  of  its  branches,  a 
most  comprehensive  knowledge  of  facts,  past  and  present, 
and  the  most  enlightened  view  which  can  be  taken  as  to 
events  expected,  may  settle  the  fate,  favorably  or  otherwise, 
of  one's  fortunes,  for  a  while,  and,  perhaps,   for  life.     It 
would  not  come  within  the  limits  of  this  volume  to  set  forth 
what  should  be  a  merchant's  attainments,  if  the  ability  to  do 
it  could  be  pretended  to.     But  it  is  obvious,  that  a  merchant 
must  be  informed  of  the  legal  nature  of  contracts  ;  that  he 
must  be  familiar  with  geographical  divisions  ;  with  climates, 
and  their  products  ;  with  the  modes  in  which  value  is  meas- 
ured everywhere  ;  with  real  money,  and  money  of  account, 
in  different  countries  ;  with  the  habits  and  wants  of  different 
nations.     He  must  know  well  the  relation  between  principal 
and  agent ;  he  must  be  familiar  with  maritime  transactions  ; 
that  is,  with  the  law  and  practice  as  to  carrying  by  sea.     He 
must  alsp  be  able  to  discern  and  calculate  the  changes  and 
chances  which  are  dependent  on  political  events,  in  his  own 
and  other  countries,  and  especially  on  the  vexatious  effects 
of  frequent  legislation  in  matters  which  affect  trade  and  com- 
merce.    The  abstruse  and  difficult  science  of  political  econ- 
omy may  be  ranked  among  those  things  which  merchants 
should   know,  rather  than  among  those  the  knowledge  of 
which  belongs  to  other  departments  in  society.    Provision  for 
mercantile  education  is  far  short  of  the  demand  for  it.     The 
philosophy  of  exchanging  products  throughout  the  world,  is 
one  which  enters  deeply  into  the  welfare  of  our  community. 
Its  practical  application  ought  to  appear,  in  legislative  halls, 
from  those  who  deal  in  merchandise,  and  who  are  the  best 
able  to  disclose  what  measures  are,  and  what  are  not,  adapted 
to  promote  the  general  prosperity. 

360.  Among  the  classes  who  are  properly  called  profes- 
sors, or  the  learned,  including  all  of  the  fourth  class,  there  is  a 
fixed  mode  of  education.    In  these  vocations,  a  youth,  prepared 
therefor  at  school,  enters  a  college  (that  is,  he  becomes  one 
of  a  collection  of  persons),  or  a  university,  a  seminary  in 
which  all  the  arts  and  faculties  are  studied.    He  goes  through 
a  prescribed  course  of  studies  and  of  lectures,  and  lays  the 


130  POLITICAL  CLASS  BOOK. 

foundation  whereon  to  place  the  professional  studies  to  which 
he  may  devote  himself.  During  collegiate  life,  the  choice  of 
a  profession  is  to  be  made.  This  is  a  serious  call,  on  the 
youth,  and  on  his  friends,  to  consider  his  qualities  and  prefer- 
able fitness  for  one  department  rather  than  another.  It  is 
probable  that  the  same  diligence  which  secures  an  approach 
to  what  is  respectable  in  one  pursuit,  might,  in  some  cases, 
make  superiority  in  another. 

361.  There  are  prescribed  rules,  which  must  be  observed, 
to  enable  one  to  become  a  member  of  the  learned  professions. 
They  are  founded  in  good  sense,  and  are  meant  for  the  com- 
mon good.     A  man  ought  not  to  take  upon  himself  the  re- 
sponsible duty  of  expounding  the  Scriptures,  and  of  bringing 
home  to  the  human  heart,  busied  and  estranged  as  it  some- 
times may  be,  by  the  cares  of  the  world,  an  awakening  sense 
of  moral  right  and  wrong,  unless  he  carries  unquestionable 
credentials  of  his  fitness  for  his  vocation.     It  is  not  enough 
that  he  is  fit ;  those  who  listen  should  feel  assured  that  he  is 
so.     It  is  wisely  and  properly  required,  that  there  should  be 
an  authority  somewhere,  enabled  to  grant  the  necessary  cre- 
dentials.    The  schools  of  divinity,  and  the  learned  who  pre- 
side there,  have  the  authority  to  grant  them. 

362.  In  the  medical  department,  the  same  probation  is  re- 
quired.    Certainly  no  one  should  be  trusted  with  the  serious 
responsibility  of  attempting  to  arrest  the  ravages  of  disease, 
or  to  insert  his  professional  instruments  among  the  veins,  ar- 
teries, muscles  and  nerves  of  the  human  frame,  who  is  not 
prepared,  by  a  course  of  study,  observation  and  experience, 
to  make  his  previous  plan  with  science,  and  to  carry  it  into 
effect  with  skill.     It  is  for  the  common  interest  of  society,  to 
discountenance  unfounded  pretension,  and  to  call  upon  and 
confide  in  those  who  are  certified,  by  competent  judges,  to 
be  trustworthy  and  honorable  men. 

363.  In  the  administration  of  justice,  there  are  also  pre- 
scribed rules,  which  must  be  observed,  to  qualify  one  to  as- 
sume the  practice  of  the  law.     A  course  of  collegiate  study, 
or  an  equivalent  course,  and  a  number  of  years  devoted  to  the 
science  of  the  law,  and  collateral  studies,  are  properly  held 
to  be  indispensable.     When  a  student  is  qualified  to  be  re- 
ceived into  the  courts,  he  takes  a  solemn  oath,  prescribed  by 
a  law  of  the  commonwealth, — "that  he  will  do  no  falsehood, 
nor  consent  to  the  doing  of  any  in  court ;  that  he  will  not, 
wittingly  or  willingly,  pursue  or  promote  any  false,  ground- 


POLITICAL  CLASS  BOOK.  131 

less  or  unlawful  suit ;  that  he  will  delay  no  man,  for  lucre  or 
malice  ;  that  he  will  conduct  himself  with  all  good  fidelity, 
as  well  to  the  courts  as  his  clients." 

364.  He  thus  becomes  an  officer  of  the  courts,  and  is  re- 
corded as  such  ;  and  is  liable  to  be  stricken  from  the  record, 
and  disqualified  to  appear  as  counsel,  if  he  proves  to  be  un- 
worthy.    All  these  provisions  are  of  the  greatest  importance 
to  the  community  ;  since  it  is  from  this  class  of  men,  that  the 
judges  of  constitutional  law,  of  the  rights  of  the  people,  of 
property,  liberty,  character  and  life,  are  selected. 

365.  An  eminent  citizen,  who  has  been  throughout  his 
honorable  life  a  faithful  guardian  of  the  common  welfare,  has 
lately  established  a  professorship  of  law  at  the  University  at 
Cambridge.     There  is  also  a  professorship  on  another  foun- 
dation, as  a  department  in  the  university.     The  two  profes- 
sors are  united  in  their  labors,  and  have  a  numerous  school 
of  pupils,  gathered   from  most  of  the  states  in  the  Union. 
This  professional  seminary  is  conducted  in  a  manner  emi- 
nently adapted  to  secure  to  the  community  the  benefits  of 
such  an  institution. 


*  CHAPTER  XXIX. 

Religion. 

366.  THE  bill  of  rights,  prefixed  to  our  state  constitution, 
requires,  as  one  of  the  means  of  securing  "  the  blessings  of 
life,"    "  the  support  and  maintenance  of  public  Protestant 
teachers  of  piety,  religion  and  morality,"  but  does  not  require 
the  support  of  any  others.     It  authorizes  taxation  of  real  and 
personal  estate  for  these  purposes.     What,  then,  is  meant  by 
Protestant  teachers  1     To  answer  this  question  fully,  would 
require  a  review  of  the  history  of  Christianity.     As  this  is  a 
subject  of  importance,  it  may  be  useful  to  give  a  general  out- 
line, which  may  assist  those  who  choose  to  extend  their 
knowledge  beyond  the  limits  intended  for  the  present  occa- 
sion. 

367.  Religion  is  defined  to  be,  "  that  worship  or  homage, 
which  is  due  to  God,  as  Creator  and  Preserver  of  the  world." 
It  is  divided  into  natural  and  revealed.     The  former  means 
that  sentiment,  which  mankind  have  by  the  force  of  reason, 
of  the  existence  of  the  Deity,  and  of  their  relations  and  du- 


132  POLITICAL  CLASS  BOOK. 

ties  to  him.     The  latter  means  the  Deity's  revelation  of  him- 
self, of  his  providence  and  will,  as  contained  in  the  Bible. 

368.  The  Bible,  then,  is  the  foundation  of  Christian  faith. 
The  word  Bible  is  from  the  Greek  word  §<§Xiov  (bibUon), 
meaning  book,  and,  as  applied  to  the  Bible,  means,  The  Book, 
or  the  Book  of  Books. 

369.  The  contents  of  the  Bible,  so  far  as  is  necessary  to 
be  noticed  on  this  occasion,   are  the  Pentateuch,  or  five 
books  written  by  Moses.     The  name   is  derived  from  txvo 
Greek  words,  meaning  five,  and  volume,  or  roll.     The  an- 
cient writings,  before  printing  was  known,  in  the  year  1444, 
were  on  large  sheets  of  paper,  or  vellum,  which  were  kept  in 
rolls.     Time  is  computed,  according  to  the  Mosaic  account, 
from  the  beginning  of  the  world,  or  from  that  time  when  the 
earth  was  fitted  for  human  abode,  and  man  was  created,  down 
to  the  time  of  the  Savior,  which  comprises  4004  years.    Thus 
we  say,  that  the  deluge  happened  in  the  year  of  the  world 
1057;  that  Moses  was  born  in  the  year  2433,  and  died  in 
the  year  2553,  of  the  world.     The  usual  mode  of  computing 
is,  to  count  backwards  ;  that  is,  to  such  a  year  before  Christ. 
For  example,  Moses  died  in  the  year  1451  before  Christ. 

370.  The  year  of  our  Lord  means  the  succession  of  years 
from  our  Savior's  time,  which  does  not  begin  from  his  birth, 
in  the  year  of  the  world  3999,  but  begins  four  years  and  six 
days  afterwards,  that  is,  in  the  year  of  the  world  4004.    Thus 
the  supposed  length  of  time,  from  the  creation  to  the  present, 
is  the  number  of  years  of  the  Christian  era  added  to  4004 
years.     These  five  books  of  Moses  comprise  all  history  known 
to  us,  for  the  first  2500  years.     After  this  time,  the  people 
whom  Moses  led,  are  known  as  the  Jews.     At  the  time  of 
his  death,  they  took  possession  of  the  territory  lying  east- 
\vardly  of  the  Mediterranean  Sea,  and  which  is  spoken  of,  in 
these  days,  by  the  name  of  Palestine,  or  the  Holy  Land. 

371.  The  Jews  continued  to  dwell  in  this  region,  from  the 
(leath  of  Moses,  with  the  most  remarkable  variety  of  fortune, 
till  the  filial  destruction  of  Jerusalem  by  Titus,  son  of  the 
Roman  emperor  Vespasian,  in  the  seventieth  year  of  the 
Christian  era ;  since  which  time  they  have  been  scattered 
through  all  nations,  but  everywhere  preserving  their  distinc- 
tion from  all  other  people,  and  fully  believing  that  the  Messi- 
ah is  yet  to  come,  and  is  to  reestablish  them  in  far  more 
than  their  former  glory. 

372.  From  Moses,  there  was  a  regular  succession  of  in- 
spired writers,  whose  works  are  contained  in  the  Old  Testa- 


POLITICAL  CLASS  BOOK.  133 

muiit.  This  continued  about  one  thousand  and  fifty  years, 
beginning  with  Joshua,  and  ending  with  Malachi,  near- 
ly four  hundred  years  before  the  commencement  of  the 
Christian  era.  These  writings  are  both  historical  and  pro- 
phetic. Their  peculiar  title  to  reverence,  in  the  estimation 
of  Christians,  is,  that  they  show  why  the  Messiah  was  to  be 
expected  ;  that  he  would  come  :  in  what  manner  he  would 
come  ;  the  events  of  his  life  ;  his  sufferings  and  death  ; — all 
of  which  prophecies  are  known,  not  only  from  the  New  Tos- 
tttinent,  but  from  x>ther  history  of  the  same  time,  to  have  been 
precisely  fulfilled.  This  agreement  between  prophecy  and 
events  long  after  arising,  is  among  the  unanswerable  proofs, 
to  all  reasonable  minds,  of  the  truth  of  the  Christian  dispen- 
sation. 

375J.  ^Besides  the  books  of  inspired  historians,  there  are  a 
number  of  others,  usually  printed  in  the  large  editions  of  the 
Bible,  but  which  are  not  considered  as  sacred  or  inspired 
writings. 

They  arc  called  the  Apocrypha.  "  They  are  so  denomi- 
nated, from  a  Greek  word,  which  is  expressive-  of  the  uncer- 
tainty, or  concealed  nature,  of  their  original."  What  should, 
or  should  not,  be  regarded  as  part  of  the  Old  Testament,  ap- 
pears to  have  been  decided,  necessarily,  by  the  Jews,  and  not 
by  the  Christians ;  that  is,  the  Christians  took  those  books 
to  be  the  Old  Testament,  which  the  Jews  considered  such, 
at  and  before  the  time  of  the  destruction  of  Jerusalem.  But 
this  does  not  prevent  critical  examination,  by  Christians,  into 
the  authority  of  these  books.  The  Old  Testament  (exclusive 
of  the  Apocrypha,  which  Protestant  Christians  do  not  con- 
sider to  be  part  of  the  Old  Testament)  is  understood  to  have 
been  written  in  Hebrew,  except  a  small  part  of  Daniel  ;uul 
Ezra,  which  was  in  the  Chaldoe  language. 

374.  Of  the  New  Testament,  the  four  Gospel-  were  un- 
doubtedly written  by  the  four  apostles  whose  names  they 
bear.  It  is  supposed,  by  some,  that  all  of  them  were  written 
in  the  Greek  language.  All  the  other  books  of  the  New 
Testament  are  supposed  to  have  beca  written  by  persons  who 
\vere  living  at  the  time  our  Savior  was  on  earth,  and  by  per- 
sons who  were  known  to  him,  with  the  exception  of  St.  Paul, 
who  is  supposed  to  have  been  living  within  that  time  ;  but 
his  conversion  occurred  after  the  crucifixion,  and  his  writings 
are  placed  at  some  time  between  that  event  and  the  destruc- 
tion of  Jerusalem.  The  last  book  in  the  New  Testament  is 
lv  supposed  to  have  been  written  bv  St.  John,  soon 


134  POLITICAL  CLASS  BOOK. 

after  the  fall  of  Jerusalem.  It  is  a  circumstance  which  adds 
much  to  the  evidence  of  the  truth  of  these  books,  that  they 
were  written  by  persons  who  were  the  witnesses  of  the  facts 
which  are  related. 

375.  The  translation  of  the  Bible,  now  in  general  use 
wherever  the  English  language  is  spoken,  is  that  which  ap- 
peared under  the  patronage  of  James  I.  of  England.     It  was 
begun  in  1607,  and  appeared  in  1611.    It  is  remarkable  that 
a  king,  who  is  remembered  with  as  little  respect  as  any  one 
who  preceded  or  followed  him,  should  have  conferred  this 
benefit  on  the  Christian  community. 

There  are  several  editions  of  the  New  Testament  in  use. 
Two,  in  particular,  are  in  high  esteem  among  the  learned. 
One  of  them  appeared  at  the  close  of  the  last  century  (1797), 
and  is  preferred  to  any  other,  by  some  Christians.  The 
•second  appeared  about  eight  years  later,  and  is  preferred  by 
others.  It  is  said  that  the  latter  is  the  result  of  thirty  years' 
labor  :  and  that,  during  this  time,  one  hundred  and  thirty 
thousand  different  copies  of  the  Testament  were  examined 
and  compared.  No  opinion  is  intended  to  be  expressed  on 
their  comparative  merits,  as  a  comparison  can  be  properly 
made  by  those  only,  who  are  qualified  to  judge. 

376.  The  Founder  of  Christianity  assumed  no  power  of  a 
civil  nature.     He  taught  how  human  life  should  be  passed  ; 
how  liberty  of  thought  and  action  could  best  be  directed  ; 
how  worldly  possessions  could  best  be  used.     The  simple 
and  beautiful  morality  contained  in  his  teaching,  was  alike 
suited  to  the  splendor  of  the  throne,  and  the  humility  of  the 
cottage,  the  thronged  city,  and  the  solitary  abode.     As  his 
doctrines  reproved  and  denounced  the  pornp,  luxury  and  de- 
pravities of  the  age,  they  called  down  upon  the  professors  of 
them  a  general    hatred,    and   punishment   by  civil   power. 
During  the  three  first  centuries,  Christians  were  subjected  to 
all  manner  of  indignity,  to  proscription,  and  frequently  to 
cruel  death. 

377.  In  the  beginning  of  the  fourth  century,  the  seat  of 
the  Roman  empire  was  at  Constantinople,  which  is  now  the 
seat  of  the  Turkish  empire.     The  emperor  Constantine,  who 
was  the  founder  of  this  splendid  city,  took  the  Christians  into 
his  keeping  ;  and  was,  or  pretended  to  be,  a  convert  to  their 
faith.    This  was  the  beginning  of  that  union  between  church 
and  state,  which  has,  ever  since  that  time,  existed  in  the 
world,  and  which  has  been  the  cause  of  no  small  portion  of 
human  sufferings.     At  this  time,  Christianity  had  spread 


POLITICAL  CLASS  BOOK.  135 

over  a  considerable  part  of  the  Roman  empire,  which  com- 
prised most  of  the  civilized  world.  There  were  societies, 
and  churches,  and  extensive  districts  of  country,  over  which 
bishops  had  a  spiritual  authority.  The  word  bishop  is  from 
the  Greek  stfrixoifoz  (cpiscopos),  and  is  of  equivalent  meaning 
to  overseer.  The  name  of  a  numerous  class  of  Christians — 
Episcopalians — is  of  the  same  origin. 

378.  The  bishops  of  Rome  gradually  assumed  a  dominion 
over  all  other  bishops  and  churches,  and  finally  held,  exclu- 
sively, the  name  of  pope,  a  word  signifying  father ;  which 
name  had  been  common  to  all  bishops.     The  pope  of  Rome 
claimed  to  be,  and  was  admitted  to  be,  the  apostolic  succes- 
sor of  St.  Peter,  with  tho  right  to  exercise  a  very  enlarged 
construction  of  the  power  confided  to  that  apostle. 

379.  Near  the  end  of  the  fourth   century,  schisms  had 
arisen  between  the  church  of  Constantinople  and  that  of 
Rome.     They  ended  in  a  division.     The  former  became  the 
Greek,  or  Eastern  church  :  the  latter  became  the  Latin,  or 
Western  church.     The  countries  now  known  as  Greece,  and 
Turkey,  and  western  Asia,  belonged  to  the  Greek  church, 
and  it  afterwards  extended  into  Russia,  where  it  now  pre- 
vails.     The  Western   church  became   that  which   is   now 
known  as  the  Roman  Catholic,  and  extended  westwardly, 
from  the  limits  of  the  Greek  church,  over  all  Europe.     It 
was  about  the  end  of  the  fifth  century,  that  the  Roman  church 
asserted  its  supremacy  over  all  the  western  dominions.     It 
soon  became  absolute,  and  so  continued  to  be  for  about  one 
thousand  years.     During  this  long  lapse  of  time,  there  was 
but  one  faith  throughout  this  extensive  region,  wherein  were 
comprised  states,  kingdoms  and  empires.     We  are  informed 
by  history,  that  crowned  princes  acknowledged  that  they 
held  their  thrones  at  the  will  of  the  pope  ;  and  that  his  threat 
to  excommunicate  them  from  the  church,  and  discharge  their 
subjects  from  allegiance,  was  more  terrible  than  an  over- 
whelming army. 

380.  In  1517,  Martin  Luther,  who  had  been  in  one  of  the 
monastic  orders  of  this  church,  opposed  himself  to  the  papal 
authority,  for  reasons  which  are  contained  in  the  history  of 
that  time.     He  soon  found  himself  strengthened  by  many 
supporters ;  and  the  result  of  these  movements  was,  that  a 
portion  of  the  churches,  and  their  people,  and  several  ruling 
powers  in  Europe,  separated  from  the  church  of  Rome,  and 
followed  the  doctrines  taught  by  Luther.      This  event  is 
known,  in  history,  by  the  name  of  the  REFORMATION.    There 


136  POLITICAL  CLASS  BOOK. 

is  a  numerous  class  of  Christians,  at  this  clay,  known  by  the 
name  of  Lutherans. 

3S1.  Those  who  had  thus  withdrawn  from  the  Roman 
church,  being  at  liberty  to  judge  for  themselves,  and  to  form 
.".MV  creed,  and  to  follow  any  modes  of  worship,  soon  fell  into 
divisions  and  sects.  Difference  of  opinion  in  matters  of  faith, 
;ind  in  mere  modes  of  worship,  grew  into  the  bitterest  hostil- 
ity. One  party  or  the  other  always  had  the  political  power 
on  its  side  ;  and  thence  it  followed,  that,  for  about  one  hun- 
dred and  fifty  years  after  Martin  Luther's  interference,  the 
sufferings  of  Christians,  on  account  of  matters  of  faith  and 
worship,  were  greater  than  they  have  ever  been,  before  or 
^ince,  tor  any  other  cause.  The  events  involved  in  the  Ret- 
nrmation,  show  human  nature  in  a  very  odious  light  ;  but 
they  teach  this  very  sober  lesson,  in  the  most  authorita- 
tive manner  ;  —  that  religion  is  one  thing,  and  political  power 
another  ;  that  both  must  exist  at  the  same  thne  ;  that,  while 
-operate  and  independent,  they  secure  social  happiness  ;  and 
that,  whenever  they  are  united,  they  may  destroy  it. 

:N2.  In  1541,  John  Calvin,  of  Geneva,  appeared,  who  dif- 
in  some  respect-1  from  Martin  Luther,  in  his  religious 
<  r:.'e«».  lie  established  another  division  of  Christians.  Cai- 
vin>:  opinions  have  prevailed,  very  generally,  in  the  Chrisii;.:> 
ri  lurches.  There  is  a  numerous  class,  in  Europe  and  in 
this  country,  who  adhere,  with  more  or  less  strictness,  to  his 
views  of  the  Christian  system,  and  are  thence  called  Cal- 


:JS>.  In  1500,  James  Arminius,  of  Holland,  founded  an- 
other sect,  differing  in  some  essential  points  from  both  the 
former.  This  person  was  most  severely  persecuted  for  his 
opinions.  There  arc  at  this  day  a  great  many  societies  and 
individuals,  who  are  Arniinians,  according  to  the  doctrines 
of  this  teacher. 

3*4.  In  1532,  Henry  VIII.  ,  of  England,  withdrew  from 
the  Roman  church,  and  made  himself  head  of  the  church  in 
his  own  dominions.  By  this  act,  the  church  and  state  were 
firmly  united  in  the  land  of  our  ancestors,  and  have  so  con- 
tinue'd  to  be  to  the  present  day.  The  religious  divisions  in 
England  present  a  mournful  example  of  tyrannical  persecu- 
tion in  matters  of  opinion,  which  are  not  of  human  cogni- 
zance. Out  of  them  arose  the  denomination  of  Puritans, 
many  of  whom  left  their  native  country  to  escape  persecution, 
and  settled  in  this  country  in  1620.  They  were  the  first  set- 
tlers in  New  England.  The  name  of  Puritans  is  founded  in 


POLITICAL  CLASS  BOOK.  137 

this  ;  they  rejected,  with  equal  abhorrence,  the  ceremonies  of 
the  Roman  church  and  those  required  by  the  English  church. 
They  held  to  a  simple  form  of  worship,  purified  from  what 
they  considered  to  be  the  errors  of  both  those  churches. 
Their  adversaries  gave  them  the  name  of  Puritans,  as  a  mark 
of  derision  ;  but  their  descendants  have  held  it  to  be  a  name 
of  honor. 

385.  This  short  outline  opens  the  way  to  explain  what  is 
intended,  in  the  Massachusetts  bill  of  rights,  by  Protestant 
teachers.     Many  German  princes,  and  the  delegates  of  free 
cities  in  Germany,  had  asserted  the  right  to  manage  ecclesi- 
astical matters  as  they  might  think   best  in  their  several 
churches.     By  ecclesiastical  (from  ecclesia,  the  Greek  word 
for  church)  is  meant,  things  pertaining  to  faith,  doctrines  and 
forms  of  worship.     This  right  had  been  recognized  in  a  diet 
or  convention,  held  at  the  city  of  Spires  (near  the  borders  of 
France,  and  near  the  west  bank  of  the  Rhine)  in  1526.     In 
1529,  the  emperor  Charles  V.  assembled  a  new  diet  in  this 
city,   which  revoked  that  liberty,   until  a  general    council 
should  be  held.     Against  this  decree  the  elector  of  Saxony, 
and   many   other   German   princes,  protested.     The  name 
Protestant  became  common  to  all  who  revolted,  in  Luther's 
time,  and  since,  from  the  church  of  Rome ;  so  that  Chris- 
tians, at  this  day,  may  be  considered  as  divided  into  three 
classes,  namely,  Christians  of  the  Greek  church,  Roman  Cath- 
olics and  Protestants. 

386.  Since  the  Reformation,  numerous  sects  have  arisen, 
in  Europe  and  America.     In  every  country  in  Europe,  there 
is  an  established,  or  state  religion.     In  many  of  them,  other 
sects  are  tolerated  or  permitted  ;  in  some,  not,  as  in  Spain 
and  Italy.     In  England,  there  are  several  sects,  differing  in 
creed  and  worship  from  the  established  church.     They  are 
known  under  the  general  name  of  Dissenters.     They  were 
formerly  under   many  disabilities,  in  their   civil   relations. 
These  have  been  gradually  relaxed,  and  mostly  removed. 

387.  In  the  United  States,  there  is  no  established,  or  re- 
quired, form  of  religion.     Everyone  is  at  liberty  to  believe 
and  worship  as  he  finds  to  be  right ;  being,  in  this  respect, 
accountable  to  no  earthly  authority.     Every  denomination  is 
governed  by  such  doctrines  and  discipline,  as  it  may  see  fit 
to  approve  of.     There  are  not  less  than  twenty-two  different 
denominations  of  Christians  in  this  country. 

388.  The  citizens  of  the  United  States  cannot  be  too 
grateful  that  religious  controversy  can  derive  no  aid   from 

12* 


138  POLITICAL  CLASS  BOOK. 

civil  power  among  them.  While  controversy  relies  on  rea- 
son and  eloquence,  whether  coming  from  tae  lips  or  the 
press,  and  on  no  other  means,  it  threatens  no  permanent  evii. 
On  the  contrary,  it  is  the  more  probable,  that  truth,  whatever 
that  may  be,  and  wherever  it  may  be,  will  come  forth,  and 
prevail.  There  is  another  subject  of  congratulation  in  this, 
that,  whatever  may  be  the  modes  of  faith,  discipline  and  gov- 
ernment, among  the  sects,  they  all  agree  in  one  thing,  that 
is,  in  the  morality  taught  by  the  gospel.  There  can  be  no 
good  ground  to  fear,  that  any  sect  will  attempt  to  exercise 
dominion  over  others,  contrary  to  the  gospel  precepts  ;  nor 
any,  that  such  attempt  will  be  successful,  while  the  means  of 
general  education  are  as  much  respected  and  promoted  as  at 
present  they  are. 

389.  That  there  is  no  established  religion  in  this  country, 
is  one  of  the  strongest  reasons  possible,  why  religious  instruc- 
tion should  be  part  of  the  education  of  every  member  of  the 
community.  All  our  duties,  public  and  private,  have  some 
relation  to  that  sense  of  accountablencss,  of  which  a  religions 
conscience  is  the  keeper. 

1390.  If  it  be  of  any  importance  to  us,  that  public  agents 
should  be  faithful  in  their  trust ;  that  justice  should  be  rightly 
administered  ;  that  the  members  of  society  should  be  chari- 
table, benevolent  and  kind  neighbors, — the  morality  of  the  gos- 
pel must  be  relied  on.  For,  whatever  protection  the  public 
law  may  place  around  property,  character,  liberty  and  life,  it 
can  give  no  assurance,  that  many  of  the  duties,  which  secure 
social  happiness,  shall  be  observed.  He  who  contemplates 
the  commission  of  a  crime,  and  who  believes  that  he  can  ef- 
fect his  purpose  unseen  and  undetected,  would  not  be  re- 
strained by  any  law  of  man's  making. 

391.  ?uch  sentiments  appear  to  have  had  their  influence 
with  those  who  framed  our  constiiutior.  They  did  not  in- 
terfere with  any  man's  conscience.  They  prescribed  to  n  ) 
one  a  form  of  belief.  They  knew  that  human  power  had 
been,  and  could  be,  exercised  to  make  men  say  and  do  many 
things,  through  fear,  or  the  hope  of  gain  ;  but  they  knew, 
also,  that  no  human  power  can  make  one  believe  against  his 
own  opinion.  In  subjecting  property  of  unbelievers  to  taxa- 
tion for  religious  instruction,  a  benefit  is  conferred  on  them. 
If  they  are  not  Christians  themselves,  they  are  the  more  se- 
cure, and  fare  the  better,  if  those  around  them  are  such. 
Whether  the  requisitions  of  the  constitution  have  been  rightly 
understood,  at  all  times,  by  the  legislature ;  and  whether 


POLITICAL  CLASS  BOOK.  139 

there  are  such  laws  in  being,  as  the  people  intended  by  that 
instrument,  is  not  a  matter  to  be  discussed  on  this  occasion. 
One  thing  may  be  inferred  from  existing  laws,  that,  if  public 
Protestant  teaching  of  piety,  religion  and  morality  is  kept 
up,  it  will  be  so  because  the  people  choose  to  have  it  so.  If 
the  people  so  choose,  it  will  be  because  the  young  come  into 
life  with  impressions  adapted  to  that  end.  Hitherto  the  value 
of  such  teaching,  in  the  public  estimation,  has  made  the  min- 
isterial office  highly  respectable,  and  eminently  useful.  It 
has  attracted  the  first  talents  in  our  country  into  its  employ- 
ment. Whether  this  will  continue  to  be  so,  will  not,  appa- 
rently, depend  on  legislative  acts,  but  on  the  voluntary  libe- 
rality of  the  people,  and  on  their  sense  of  the  value  of  such 
teaching. 

392.  There  is  now  no  civil  and  religious  union  in  this 
state,  otherwise  than  that  it  is  the  duty  of  the  legislature  to 
provide  for  religious  instruction.     That  this  duty  should  be 
performed,  may  be  shown  in  many  ways,  and,  among  others, 
in  this  : — Every  military  and  civil  officer,  legislator,  judge, 
lawyer,  juror,  witness,  town  officer,  and  many  others,  who 
take  on  themselves  special  trusts  and  duties,  are  required  to 
bind  themselves  by  the  solemnity  of  an  oath.     In  all  these 
cases,  the  agents  are  required  to  appeal  to  HIM,  from  whom 
no  secrets  are  hid  ;  and  to  submit  themselves  to  his  just  judg- 
ment, if  they  do  not  that,  which,  in  his  presence,  they  under- 
take to  do.     An  oath  supposes,  that  he  who  takes  it  believes, 
that  there  is  a  God,  who  will,  in  a  future  life,  reward  the 
v  ;:thy,  and  punish  the  wicked.     It  is  therefore  held,  by  di- 
vine  and  human  law,  to  be  a  crime  of  the  deepest  dye,  to 
speak  as  true  that  which  is  false,  when  under  the  obligation 
of  an  oath  ;  and  when  those  spoken  to  cannot  know  what  is 
true,  otherwise  than  by  believing  that  the  speaker  would  not 
dare  to  deceive  men,  in  the  presence  of  that  Being  who  can- 
not be  deceived. 

393.  This  legislative  duty  may  be  also  shown  in  this  : — 
None  but  those  who  are  duly  impressed  with  religious  senti- 
ment, respect  the  Sabbath.     We  are  taught,  among  other  rea- 
sons for  respecting  that  day,  especially,  these  two  : — First, 
that  it  is  the  proper  time  to  lay  aside  the  cares  of  the  world, 
and  to  abstain  from  all  unnecessary  business  ;  that  it  is  a  time 
:iet  apart  for  self-examination,  for  considering  the  certainty  of 
death,  and  the  uncertainty  of  the  hour  of  its  coming,  and  for 
realizing  the  awful  responsibility  which  is  comprised  in  the 
Miigle  word  eternity.     Secondly ;  we  arc  also  taught,  that  the 


140  POLITICAL  CLASS  BOOK. 

Sabbath  is  to  be  respected  for  its  beneficial  effects  in  our  so- 
cial relations.  On  this  day,  the  garments  of  labor  are  laid 
aside,  and  those  of  neatness  and  comeliness  are  put  on.  We 
meet  in  the  places  of  social  worship,  each  one  observing  the 
decencies  which  the  occasion  calls  for  ;  and  each  one  pay- 
ing due  reverence  to  age ;  and  each  one  being  careful 
of  his  own  self-respect,  as  the  best  title  to  respect  from 
others.  We  are  further  taught,  that  there  is  a  tranquillity 
and  rational  pleasure  in  being  engaged  in  duties,  which  the 
wise  and  the  virtuous  have  agreed  to  regard  and  honor,  as 
among  the  first  and  The  highest,  which  men  can  perform. 
No  one  ever  yet  regretted  that  his  early  days  had  been  given 
to  these  duties  ;  but  many  have  lamented,  in  the  decline  of 
life,  that  they  were  not.  Attending  public  worship,  IN  YOUTH, 
is  the  foundation  of  a  habit,  which  becomes  stronger  and 
stronger,  as  life  goes  on  ;  till,  at  length,  one  is  ill  at  ease 
with  himself,  who  attempts  to  disregard  it.  But  there  is  a 
rational  limit  in  all  things.  Though  the  Sabbath  is  a  day  of 
rest,  and  of  pious  duty,  it  should  be,  also,  a  welcome  and  a 
grateful  day.  Surely,  to  the  young,  it  ought  not  to  be  a  day 
of  severity  and  privation,  and  consequently  of  disgust. 

394.  The  commands  of  the  constitution,  and  obedience  on 
the  part  of  the  legislature,  extend  to  taxing  property  for  reli- 
gious purposes  ;  to  the  entire  protection  of  those  who  engage 
in  public  worship,  from  all  interruption ;  to  the  closing  of  all 
places  of  public  resort,  for  spending  time  and  money,  and  all 
places  of  ordinary  business,  on  the  Sabbath.    How  much  far- 
ther the  legislature  may  go,  must  depend  on  public  senti- 
ment ;  for  this  is  a  law-making  power  greater  than  thai  of 
the  legislature.     If  there  should  be  still  other  marks  of  re- 
spect for  this  day,  it  must  depend  on  common  consent ;  and 
this  must  depend  on  making  deep  and  rational  impressions  in 
early  life. 

395.  Parishes  ;  from  the  Latin  parochia.     It  is  supposed 
that  this  word  was  not  in  use  among  the  Romans  ;  but  that 
parish  is  derived  from  two  Saxon  words,  which  meant  the 
territorial  division  wherein  a  priest  had  the  spiritual  care.    It 
is  believed,  that  all  the  religious  societies  in  the  United 
States  may  be  thus  classed  : — (1.)  Territorial  Parishes.     In 
the  New  England  states,  anciently,  every  town  was  a  parish, 
or  was  divided  into  two  or  more  parishes.     Each  parish  was 
a  corporation,  in  virtue  of  general  statutes,  for  the  purpose  of 
maintaining  public  worship  ;  and,  to  this  end,  all  property 
within  the  limits  of  each  parish  was  taxable.     But,  every 


POLITICAL  CLASS  BOOK.  141 

citizen  residing  within  the  parish  limits,  and  who  worshipped 
with  some  Protestant  sect,  of  a  denomination  different  from 
that  established  in  the  parish,  might  require  that  the  tax  as- 
sessed on  him,  should  be  applied  to  the  support  of  his  own 
teacher ;  and  this  teacher  might  recover  the  amount  of  the  tax, 
in  an  action  at  law.  As  the  law  now  is,  every  one  has  the  right 
to  have  his  taxes  applied  to  his  own  teacher's  support,  of  what- 
ever denomination  ;  and  to  be  exempt  from  all  parish  taxes, 
if  he  has  filed  the  certificate,  required  by  law,  that  he  belong* 
to  some  religious  society  other  than  that  of  the  parish. 

390.  (2.)  Poll  Parishes.  These  have  become  very  com- 
mon. In  large  towns,  there  are  none  others.  They  consist, 
of  voluntary  associations  of  individuals,  to  maintain  religious 
worship.  They  are  of  all  denominations.  When  they  have 
certain  officers,  duly  chosen,  they  are  considered  as  having 
corporate  powers,  and  are  held  to  be  corporations  in  law, 
for  the  purposes  of  their  association.  They  have  their  legal 
rights  and  duties,  in  virtue  of  public  laws,  which  apply  equal- 
ly to  all.  Such  societies  usually  have  a  place  of  public  wor- 
ship, which  is  built  at  joint  expense  of  proprietors.  Pews  are 
sold,  subject  to  taxation  for  the  support  of  pastors.  The 
property  in  the  building,  and  land,  and  church  estate,  is  in 
the  society  ;  the  property  in  pews  is  in  each  pew-owner. 
They  make  such  contracts  as  they  see  fit,  as  a  religious  soci- 
ety, which  are  considered  as  legal  contracts. 

397.  (3.)  Incorporated  Societies.  There  are  many  such 
societies,  which  are  strictly  corporations,  created  by  special 
acts  of  the  legislature  ;  and  which  have  such  rights,  powers 
and  duties,  as  the  incorporating  act  provides  for.  Such  acts 
an;  asked  for  and  obtained,  in  general,  for  the  more  conven- 
ient management  of  the  property,  or  common  concerns  of  the 
members.  Contracts  of  such  corporations  are  made  in  con- 
ibrmity  to  the  authority  given ;  and,  in  this  respect,  they  are 
subject  to  the  law  which  governs  incorporated  bodies.  It  is 
supposed,  that,  throughout  the  United  States,  the  formation 
of  religious  societies  is  left  to  the  will  of  the  citizens  ;  that 
each  state  does,  or  does  not,  legislate  on  this  subject,  as  it 
thinks  proper.  Whether  there  are  statutes,  in  this  respect, 
in  all  the  states,  and  what  they  are,  cannot  be  accurately 
stated  without  much  labor. 


142  POLITICAL  CLASS  BOOK. 

CHAPTER  XXX. 

Education. 

398.  THE  word  education  is  derived  from  the  Latin  c,  from, 
or  out  of,  and  duco,  to  lead,  or  bring  forth.     It  means  the 
bringing  forth,  by  discipline,  the  physical,  moral  and  intel- 
lectual qualities  of  the  human  being.     Education  has  been 
compared  to  the  action  of  the  sculptor  on  his  block  of  marble. 
As  the  qualities  of  his  marble  are,  as  the  character  of  his  ac- 
tion is,  so  will  be  the  figure  disclosed  to  the  eye.     Education 
has  been   more  happily  compared  to  the  cultivation  of  the 
earth.    As  the  soil  is  by  nature,  as  the  melioration  of  it  is  by 
labor,  as  the  cultivation  of  it  is  by  art  and  science,  so  will  be 
its  productions.     Soil,  originally  rude  and  unprofitable,  may 
be  made  to  yield  food,  and  to  furnish  the  means  of  pleasure 
to  the  senses,  and  to  become  a  subject  of  rational  satisfac- 
tion.    The  Creator  has  allowed  to  man,  and  to  no  other  cre- 
ated being,  a  sense  of  dominion  over  the  earth.     This  sense 
connects  him  with  time  that  was,  when  he  was  not,  and  with 
time  that  will  be,  when  he  is  not.     To  minds  capable  of  the 
perception,  the  beautifully  cultivated  earth  teaches  them 

"To  look  through  nature  up  to  nature's  God." 

399.  There  is  a  striking  analogy  between  education  and 
the  cultivation  of  the  earth.     We  may  suppose  a  person  to 
have  received  the  highest  gifts  of  nature,  and  the  greatest 
improvements  from  education  ;  that  such  a  person  would  ap- 
pear in  an  erect  and  dignified  form,  habituated  to  strong, 
pleasing  and  graceful  action  ;  that  he  would  use, — rightly  for 
himself,  his  associates,  and  the  community, — a  discriminating 
sense  of  right  and  wrong  ;  that  he  would  secure  to  himself 
respect,  esteem  and  confidence,  by  the  exercise  of  intellectual 
power.     If  such  a  person  were  habitually  governed  by  a  sense 
of  gratitude  for  the  benefit  of  existence,  and  of  accountable- 
ness  for  the  use  of  talents  intrusted  to  him,  there  would  not 
be  any  thing  to  add  to  his  worth.     To  this  standard  all  men 
cannot  attain  ;  but  all  men  may  make  some  approaches  to- 
wards it ;  and  every  man  is  bound  to  exert  himself  to  this 
end,  in  proportion  to  the  gifts  of  nature,  and  of  his  opportu- 
nities to  improve  them. 

400.  The  word  physical  is  taken  from  a  Greek  word  (of 
nearly  the  same  sound)  which  means  nature.     Every  object 


POLITICAL  CLASS  BOOK.  143 

is  physical,  which  can  be  perceived  by  the  senses ;  nothing 
is  so  called  which  is  spiritual,  or  pertaining  to  the  mind. 
The  physical  part  of  man  is  known,  also,  as  the  material  part ; 
which  word  is  said  to  be  derived  from  matter,  and  that  from 
mater  (the  Latin  for  mother),  because  matter,  from  which 
every  thing  is  made,  acts,  in  the  formation  of  bodies,  like  a 
mother. 

The  word  moral  has  many  meanings.  It  is  derived  from 
the  Latin  mos,  manner  ;  and  the  plural  of  that  word,  mores, 
furnishes  the  phrase  moral  sense,  by  which  we  distinguish 
between  right  and  wrong ;  and  from  these  come  virtue  and 
vice.  That  intuitive  judgment,  which  is  made,  either  from 
the  natural  moral  sense,  or  from  the  cultivation  of  that  sense, 
or  from  both,  is  the  act  of  conscience. 

Intellectual  is  from  intelligo,  to  understand.  Intellect,  un- 
flerstanding  and  mind,  are  common  names  for  the  same  qual- 
ity, or  power. 

401.  All  that  can  be  thought  and  felt,  as  to  one's  self,  and 
one's  own ;  and  as  to  others,  and  their  own  ;    and  as  to 
knowledge,  opinion  and  speculation,  is  communicated  from 
one  to  another  by  muscular  action  and  expression ;  and  is 
perceptible  through  the  senses,  and  no  otherwise.    As  human 
life  is  a  series  of  actions,  from  the  cradle  to  the  grave,  most, 
of  which  actions  are  of  daily  recurrence,  all  persons  acquire 
habits  in  performing  them.     To  these  habits  the  name  of 
manners  is  given  ;  and  when  one's  manners  are  spoken  of,  his 
habitual  muscular  action  and  expression  are  intended.    Every 
one's  manners  are  more  or  less  pleasing,  or  more  or  less  dis- 
agreeable, to  others.     As  every  one  is  supposed  to  have  the 
power  to  form  his  own  manners,  and,  consequently,  to  please 
or  displease  thereby,  manners  have  acquired  the  name  of  mi- 
nor morals.     This  implies  a  moral  duty  so  to  conduct,  as  to 
render  one's  manners  agreeable  to  others  ;  and  though,  by 
common  consent,  manners  are  regarded  as  of  much  impor- 
tance in  society,  they  are  not  entitled  to  the  name  of  virtues, 
however  excellent  they  may  be  ;  nor  to  the  name  of  vice*, 
however  disagreeable  they  may  be. 

402.  Human  beings  are  so  bound  together,  by  common 
interest,  by  sympathy,  by  propensity  to  imitate,  and  by  sensi- 
bility to  common  opinion,  that  no  community  is  so  low,  as 
not  to  have  some  standard  of  manners.     In  the  societies 
which  are  called  the  most  refined,  the  most  perfect  standard 
is  to  be  sought.     Either  some  societies,  which  are  so  de- 
nominated, are  miscalled,  or  their  standard  is  in   some  re- 


144  POLITICAL  CLASS  BOOK. 


rt^,  irreconcilable  with  good  sense.  Fashion  is  the  stan- 
dard in  that  which  is  said  to  be  "  the  best  company."  This 
word  is  derived  from  words  in  several  languages,  of  like 
moaning,  which  signify  to  make,  or  to  form  a  model  to  be  im- 
itated. If  this  were  the  practical  meaning  of  fashion,  it 
would  deserve  great  respect.  But,  in  truth,  its  dominion  is 
;-,s  absurd  as  it  is  tyrannical.  In  some  countries,  and  among 
some  persons,  it  is  most  implicitly  obeyed  ;  and  in  our  own, 
for  a  young  republic,  we  have  abundant  proofs  of  its  power. 

403.  The  present  is  not  an  occasion  which  calls  for  a  dis- 
quisition on  this  subject  ;  but,  for  the  use  of  the  young,  it 
may  be  permitted  to  remark  on  that  department  of  fashion 
which  regulates  personal  decoration.     Dress  is  the  outward 
covering  of  manners.     Certainly,  it  is  our  duty  to  ourselves 
and  to  others,  to  be  dressed  in  a  decent  and  becoming  mode  ; 
but  dress  deserves,  with  rational  and  well  informed  persons, 
no  greater  care.     Those,  then,  who  think  that  life  can  have 
no  higher  aim,  than  the  adorning  of  themselves,  externally, 
are  the  slaves  of  a  worthless  vanity".     This  degrades  them 
below  the  people  of  the  forest.     When  the  chase  is  over,  and 
the  war  club  is  laid  aside,  the  men  and  the  women  of  the 
wigwam  may  adorn  themselves,  since  their  savage  life  denies 
to  them  worthier  objects  for  the  love  of  distinction.     In  soci- 
eties which  assume  to  be  morally  and  intellectually  refined, 
this  misdirected  passion  secures  to  those  who  show  it,  that 
rank,  which  such  persons  choose  for  themselves. 

404.  It  is  not  beneath  the  dignity  of  education,  to  disci- 
pline the  young,  of  both  sexes,  to  the  attainment  of  habitual 
action  and  expression,  which  will  make  them  easy,  and  sati?- 
fied  with  themselves,  and  pleasing  to  others.     Mere  disci- 
pline, to  this  effect,  is  the  badness  of  those  who  profess  to 
understand  and  apply  it.     Jt  may  be  assumed,  that  as  every 
liirnin   being  must  act,  it  is  worth  while  to  act  well  ;  and 
that  everything  that  is  worth  doing,  is  worth  doing  in  the 
ivost  way.     It  is  said  that  every  one  is  sought  and  esteemed, 
according  to  his  amiable  and  attractive  qualities. 

405.  Good  manners  are  said  to  flow  from  good  prtnciples, 
siiid  worthy  motives  ;  and  it  is,  therefore,  objected  to  habitual 
kindness  and  complaisance,  that  they  must  often  'be  shown 
when  no  corresponding  sentiment  is  felt.     It   is  true  that 
one's  feelings  towards  others  are  not  of  his  own  choosing  : 
but  deportment  may  be.     Nor  is  there  anything  false,  or  un- 
worthy in  this,  unless  the  intention  be  to  deceive.     If  every 
one  expressed,  at  all  times,  just  what  he  felt,  society  would 


POLITICAL  CLASS  BOOK.  145 

be  intolerable.  The  feeling  may  be  unavoidable  ;  but  will 
prudence  and  propriety  allow  the  expression  of  it  ?  Those 
blunt,  honest  persons,  who,  from  principle,  "  say  what  they 
think,"  find  themselves  at  variance  with  all  around  them,  and 
are  generally  in  the  wrong.  The  good  order  and  decency  of 
society,  demand  that  there  should  be  common  rules  of  con- 
duct, and  that  they  should  be  faithfully  observed.  These 
rules  are  known  under  the  common  names  of  courtesy,  com- 
plaisance and  politeness.  The  observance  of  them  strength- 
ens, and  even  generates,  the  sentiments  which  that  observ- 
ance professes  ;  and  if  one  has  no  other  principle  in  deport- 
ment than  his  own  interest,  he  will  find  that  interest  to  bo 
best  promoted  by  conforming  himself  to  these  rules. 

406.  Persons  of  true  moral  and  intellectual  worth,  are 
sometimes  embarrassed  by  a  fear  of  deviating  from  fashiona- 
ble rules.  This  fear  would  not,  probably,  be  felt,  if  such  men 
saw  the  world  as  it  is.  It  is  believed,  that  in  our  own  coun- 
try, where  no  birthright  distinctions  are  recognized,  good 
manners  are  to  be  formed  on  these  simple  truths  : — 

First.  All  persons  are  by  nature  equal.  No  one  ha.s  a 
right  to  assert  any  claim  to  deference  and  superiority,  unless 
i'rorn  official  station  ;  nor  can  any  one  release  himself  from  a 
decent  and  becoming  complaisance  towards  others. 

Second.  Official  station  absolves  no  one  from  the  like 
complaisance  towards  those  whom  he  has  to  deal  with,  unless 
public  opinion,  the  execution  of  the  laws  of  the  land,  or  the 
preservation  of  order,  or  the  exaction  of  obedience,  necessa- 
rily prescribe  some  other  rules.  Arrogance  in  official  sta- 
tion is  more  intolerable  than  it  is  in  private  life.  In  the  for- 
mer, prudence  often  compels  one  to  submit  to  it  in  silence. 
In  the  latter,  one  may  show  that  he  is  disgusted  with  it,  or 
may  keep  out  of  its  reach. 

Third.  Forms,  usages  and  ceremonies  are  established  for 
general  convenience  and  comfort,  and  are  to  be  respected  and 
observed,  so  far  as  they  are  founded  in  reason  ;  and  even  when 
not  so  founded,  if  they  are  innocent,  and  commonly  observed. 

Fourth.  Those  who  know  what  such  forms,  usages  and 
ceremonies  are,  forfeit  their  right  to  respect  and  considera- 
tion, when  they  treat  those  contemptuously,  who  have  not 
been  as  fortunate  as  themselves  in  obtaining  knowledge. 

Fifth.  Modest  self-respect ;  the  power  to  be  respectably 
quiet ;  the  suggestions  of  common  sense,  in  the  existing  case  ; 
and  doing  as  one  would  be  done  by, — are  safe  guides  in  per- 
sonal deportment  If  more  be  required  (which  can  only  be 
13 


146  POLITICAL  CLASS  BOOK. 

in  unessential  things),  the  example  of  those  who  are  fit  to  be 
examples,  furnishes  the  only  guide. 

Sixth.  The  morals  of  Christianity,  and  the  rules  of  genu- 
ine politeness,  are  the  same,  with  this  difference  :  the  formet 
are  of  divine  command,  the  latter  are  founded  in  social  util- 
ity. The  exact  performance  of  all  duties  to  one's  self;  re- 
spect for  the  rights,  feelings,  comforts  and  well-being  of 
others  ;  charity  and  silence,  as  to  faults,  errors  and  follies, 
when  no  duty  calls  for  expression, — are  among  the  divine  pre- 
cepts. The  self-respecting,  polished  citizen  governs  himself 
by  rules,  which  lead  to  the  same  results. 

407.  Philosophers,  moralists  and  politicians  think  of,  and 
trf -it  of  mankind  collectively  ;  that  is,  as  though  one  sensi- 
tive, receptive  and  intellectual  power,  existed  among  the  whole 
number  of  persons  ;  or  as  though  all  who  make  up  the  unity, 
constituted  one  being.  Politicians,  civil  and  military,  must 
so  think  and  act ;  and  when  power  raises  any  one  so  high, 
that  he  can  no  longer  distinguish  the  individuals  who  com- 
pose the  mass,  society  falls  into  two  parts,  in  his  view  ;  all 
but  himself  make  one, — himself,  the  other.  If  this  person 
take  up  with  him  a  fine,  well-kept  moral  sense,  so  much  the 
better  for  both  parties.  But  there  is  no  generalizing-  as  to 
manners.  Be  distinction  or  contrast  what  it  may  among 
members  of  society,  manners  are  ever  an  affair  between  man 
and  man.  No  one  can  be  so  low,  or  so  high,  as  not  to  feel 
that  he  is  in  the  world,  and  has  a  place  in  it.  Certainly  man 
must  look  up  to  man ;  and  many,  sometimes,  to  one  ;  but  no 
one  of  the  many  ever  forgets  that  he  is  a  man,  or  feels  that 
he  looks  up  to  that  which  is  more  than  human.  Distinc- 
tions, founded  in  nature  or  acquirement,  are  admitted  and 
respected,  and  must  be  so  ;  but  nature  never  gave,  nor  can 
any  natural  or  incidental  circumstances  give,  to  any  man,  the 
right  to  vaunt  himself  of  his  superiority.  The  doing  so,  is  an 
unpardonable  affront  to  self-love  ;  and  when  it  takes  the  form 
of  contempt  for  others,  it  is  always  insufferable.  Except  those 
acts  which  public  justice  notices,  and  deals  with  as  crimes, 
contempt  is  that  wound  which  darts  the  deepest,  and  heals  the 
latest,  of  any  that  can  strike  the  human  heart.  Never  did 
this  offence  come  unprovoked,  from  any  heart,  that  was  not, 
in  its  own  nature,  ignoble.  It  is  not  to  be  denied,  that  high 
power,  of  whatever  cast,  confers  sovereignty  on  the  possessor ; 
but  manners  and  morals  are  the  constitutional  principle  which 
makes  that  sovereignty  tolerable.  Whenever  the  conscious- 
ness of  having  lost  respect  and  esteem  through  bad  manners, 


POLITICAL  CLASS  BOOK.  147 

and  bad  motives,  unite  with  the  feeling  of  power,  that  union 
ever  did,  and  ever  will,  make  tyranny.  Tyrants  are  great 
and  small,  public  and  private.  The  acts  of  small  tyrants  are 
plotting,  pitiful  and  cruel ;  those  of  great  ones,  indiscriminat- 
ing,  capricious  and  terrible. 

408.  The  Moral  Sense.     No  part  of  character  is  more  im- 
portant than  this,  whether  considered  in  behalf  of  the  indi- 
vidual himself,  or  in  his  dealings  with  others.     There  is  a 
natural  sense  of  right  and  wrong.     It  is  more  or  less  opera 
tive  in  every  human  being.    The  tendency  to  worthy  conduct 
may  be  easily  diverted,  or  may  be  cultivated  till  it  become* 
firm  and  strong  enough  to  resist  all  temptations.     The  mo- 
tives to  cultivate  this  sense  rest  on  these  principles  -.—first, 
utility  to  the  moral  agent,  and  to  those  with  whom  he  is  social- 
ly connected ;  secondly,  because  the  strict  observance  of  moral 
rules  is  conformity  to  the  will  of  the  Creator.     As  this  sub- 
ject is  treated  of  in  the  Appendix,  it  will  be  noticed  further, 
in  this  place,  for  one  purpose  only. 

409.  From  the  time  that  the  sacred  volume  was  written, 
slander,  whether  malicious  or  thoughtless,  has  been  consid- 
ered, by  all  moral  teachers,  as  one  of  the  most  reprehensible 
of  the  vices  of  society.     Social  beings  have  an  interest  ii 
knowing  the  truth  concerning  those  whom  they  must  trust 
confide  in,  or  believe.     They  may  pursue  any  fair  and  rea 
sonable  measure  to  arrive  at  that  knowledge  ;  and  no  one  is 
blamable  who  speaks  the  truth  of  others,  when  the  duty  of 
doing  so  arises.     It  is  the  publication  of  truth  maliciously, 
and  when  it  answers  no  useful  purpose,  that  moral  teachers 
condemn  ;  and  that  which  such  teachers  reprobate  is,  the 
publication  as  true,  that  which  is  false,  and  truth  so  discol- 
ored and  distorted  that  it  amounts  to  falsehood.     It  is  (to  the 
reproach  of  human  nature)  a  common  pleasure  to  strip  one's 
associate  of  every  virtue,  and  to  attribute  to  him  vices,  errors 
and  follies.     It  is  one  of  the  deplorable  truths  of  the  day,  that 
the  press  frequently  devotes  its  powerful  machinery  to  this 
malevolent  work.     In  private  life,  the  mischief  is  done  in 
whispers  and  in  secrecy  ;  and  even  the  gratified  listener  is 
weak  enough  to  suppose,  that  his  entertainer  will  not  make 
him  the  subject  with  his  next  listener.     If  one  who  has  been 
spoken  of  in  the  most  reproachful  manner,  in  a  back-biting 
company,  should  unexpectedly  come  into  it,  the  most  promi- 
nent of  his  slanderers  would  probably  be  that  one  who  would 
rise  to  receive  him  with  the  most  obsequious  respect.     The 
real  evil  in  all  this  is,  that  social  intercourse  is  made  to  b« 


148  POLITICAL  CLASS  BOOK. 

false  and  hollow,  and  utterly  unworthy  of  rational  and  moral 
beings. 

410.  It  is  believed  that  the  only  remedy  is,  for  every  one 
to  adopt  the  rule  of  doing  as  he  would  that  others  should  do 
to  him.     If  one  is  unwilling  to  confide  his  character  to  curi- 
ous and  misrepresenting  gossips,  he  should  not  rank  himself 
among  that  tribe.     When  one  is  sure  that  no  just  judgment 
which  can  be  pronounced,  on  his  manners,  moral  agency  and 
intellectual  rank,  will  depreciate  him  below  his  desired  seem- 
ing to  the  world,  he  may  venture  to  ascend  to  the  judgment 
seat,  as  to  others.     A  sense  of  justice  towards  others  is  but  a 
leeble  restraint.    Justice  towards  one's  self  may  be  an  efficient 
one.     If  education  can  so  inform  the  moral  sense,  as  to  make 
one  feel  that  he  degrades  himself  when  he  condescends  to 
listen  to  the  slanderous  commentaries  of  others,  and  that  lie- 
forfeits  his  own  respect  when  he  retails  the  poison  of  gossip;-, 
something  might  be  effected  towards  a  remedy.     If  no  one 
said  of  another,  that  which  he  would  not  say  to  him,  when  no 
duty  called  for  the  observance  of  a  different  rule,  men  would 
he  nearer  to  what  they  pretend  to  be — honest  and  fair-dealing 
members  of  society;  and  the  young  would  rise  into  the  social 
ranks  with  far  more  exalted  sentiments  of  human  dignity. 

411.  Intellectual  Power.     Of  this,  as  has  been  said,  we 
can  know  nothing  but  from  its  operations.     Some  writers 
have  denned  intellectual  qualities  in  this  manner  : — Intellect 
is  the  general  term  which  includes  all  qualities,  arid  comprises 
acuteness  of  observation,  accuracy  of  judgment,  original  it  v 
of  conception,     (jrcnius  is  born  with  the  individual.     The 
term  is  derived  from  a  Greek  word  which  signifies  to  be  born. 
It  is  a  particular  bent  of  the  intellect,  which  distinguishes  a 
man  from  every  other  individual.      Thus  poets,  painters, 
sculptors,  and  consummate  generals  are  men  of  genius.     2V//- 
cnt  is  a  peculiar  modification  of  intellect,  or  power  to  accom- 
plish some  peculiar  thing ;  as  a  talent  for  humor,  or  imita- 
tion.    Faculty  is  a  permanent  quality  or  specific  power  di- 
rected to  some  single  object.     Ability  is  the  power  of  doing. 
The  power  to  see  and  hear  are  faculties.     Health,  strength 
and  fortune  are  abilities. 

412.  Whether  these  terms  are  rightly  defined  or  not,  they 
are  not  always  understood  and  used  in  conformity  to  these 
definitions.     They  are  too  abstract  for  common  use,  and  do 
not  discriminate  between  natural  and  acquired  power.     Ob- 
scurity must  always  rest  on  this  subject,  until  some  means  are 
discovered  of  distinguishing,  among  the  qualities  which  con- 


POLITICAL  CLASS  BOOK.  149 

stitute  a  human  being,  those  of  them  which  nature  gave,  from 
those  of  them  which  have  been  acquired.  It  is  believed,  that 
all  human  beings,  who  have  not  natural  or  accidental  delects, 
have  the  faculty  of  receiving  impressions  from  external  ob- 
jects, and  that  also  of  receiving  suggestions  which  come  from 
their  own  organization.  This  natural  faculty  is  probably  va- 
ried, in  some  respects,  in  each  individual,  and  is  differently 
cultivated,  through  design  or  accident,  in  each.  Here  nature 
and  acquirement  are  soon  confounded. 

413.  Every  one  has  the  power  of  retaining,  and  of  employ- 
ing his  mind  upon,  these  impressions.     This  power  is  as 
much  varied  in  different  persons  as  the  original  faculty  of  re- 
ceiving impressions  is.     Here,  again,  the  distinction  between 
the  natural  powers  of  the  mind,  in  managing  its  own  mate- 
rials, and  the  acquired  habits  of  the  mind,  is  made  with  diffi- 
culty, if  it  can  be  made.     Every  person  makes  use  of  the 
knowledge  which  is  thus  s-tored  up  in  the  mind,  in  his  accus- 
tomed employments,  as  to  men  and  things.     This  makes  ac- 
tion, which  is  the  product  of  physical,  moral  and  intellectual 
power,  and  by  which  men  are  distinguished  and  contrasted. 
How  much  of  this  action  is  to  be  referred  to  the  original  na- 
ture of  the  agent,  and  how  much  to  the  changes,  improve- 
ments and  habits,  which  have  been  gradually  making  the 
agent  what  he  is  perceived  to  be,  does  not  seem  to  come 
within  any  rule  of  certainty.     Persons  who  have  observed 
their  contemporaries,  know,  that  human  life  may  be  a  con- 
tinued process  of  education  ;  and  have  noticed  surprising 
advancement  after  manhood  has  been   attained  ;    but  they 
have  also  noticed,  that  apparently  well-founded  promise  has 
disappointed  expectation.    However  difficult  it  may  be  to  dis- 
criminate between'  natural  and  acquired  powers,  yet  we  can 
clearly  discern  the  difference  which  these  combined  powers 
make  among  individuals ;  and  we  often  believe  that  we  see 
the  original  stamp  of  nature,  through  all  the  changes  which 
education  may  have  wrought. 

414.  The  time  usually  devoted  to  education,  is  that  which 
precedes  manhood  ;  and  the  condition  of  every  individual  de- 
pends, essentially,  on  acquirements  within  this  period.     It  i^ 
most  difficult  to  impress  on  the  youthful  mind,  the  importance 
of  improving  diligently  this  time.     In  general,  the  labor  of 
acquiring  knowledge  is  unwelcome  to  the  young.     Instead 
of  regarding  the  work  of  disciplining  the  heart  and  the  mind, 
as  a  precious  privilege,  which,  if  unavailed  of  in  youth,  may 
be  lost  forever,  they  frequently  feel  it  to  be  an  uncomfortable 

13* 


150  POLITICAL  CLASS  BOOK. 

exaction.  But  this  is  the  defect  of  the  process  of  education, 
and  not  the  fault  of  the  young.  Every  system  of  education 
is  radically  wrong,  which  makes  the  acquisition  of  knowledge, 
whatever  be  the  age  of  the  pupil,  painful  and  disgusting. 
Pupils  ought  rather  to  be  cheered,  comforted,  encouraged, 
and  consoled  in  the  labors,  of  which  they  may  be  incompe- 
tent to  perceive  the  utility. 

415.  Conclusion.  A  maxim  of  Lord  Bacon,  "  Knowledge 
is  power,"  is  often  repeated.  This  maxim  is  founded  in  the 
very  nature  of  society.  Welfare  is  dependent  on  the  right 
use  of  knowledge  in  individual  concerns,  in  social  relations, 
and  in  political  duty.  Gifts  of  nature,  and  attainments  from 
education,  qualify  an  individual  to  exercise  great  influence 
over  his  fellow  men  in  the  departments- wherein  he  is,  or  may 
be,  called  to  act.  When  this  influence  is  qualified  by  exalted 
moral  principle,  it  may  be  the  very  security  of  political  wel- 
fare ;  when  it  is  unprincipled  and  selfish,  it  is  the  worst  ene- 
my of  the  public  safety.  There  is  no  difficulty  in  discover- 
ing where  such  influence  does,  or  does  not,  reside.  The 
difficulty  lies  in  knowing  whether  it  is,  and  will  be,  virtuously 
or  viciously  applied.  The  success  of  the  experiment  which 
the  American  people  are  making,  is  believed  to  depend  on 
two  things  -.—first,  on  their  capacity  to  perceive  the  nature 
and  the  value  of  their  political  institutions  ;  secondly,  on  their 
capacity  to  discern  who,  among  their  fellow  citizens,  are  the 
conscientious  and  enlightened  friends  of  these  institutions, 
and  who,  among  them,  are,  for  any  reason,  unfit  **>  be  trusted. 


NOTES. 


[Note  to  page  79,  section  199.] 

ON  BANKRUPT  AND  INSOLVENT  LAWS. 

As  the  relation  of  debtor  and  creditor  is,  at  all  times,  one  of  great 
interest,  and  one  which  .especially  engages  public  attention  at  the 
present  time,  it  may  be  useful  to  state  what  the  constitutional  law  is, 
on  this  subject. 

After  the  declaration  of  independence,  and  before  the  adoption  of 
tne  constitution  of  the  United  States,  the  several  states  were  abso- 
lutely sovereign,  as  to  all  legislative  measures  affecting  debtor  and 
creditor.  "The  power  of  interfering  with  contracts,  and  changing 
the  relative  situation  of  debtor  and  creditor,  had  been  so  exercised 
as  to  impair  commercial  intercourse,  threaten  the  existence  of  credit, 
sap  the  morals  of  the  people,  and  destroy  the  sanctity  of  private 
faith."  (12  Wheaton's  Reports,  354—5.) 

Among  the  purposes  intended  by  the  framers  of  the  constitution, 
and  by  the  people  when  they  adopted  it,  was,  to  cure  such  evils,  and 
to  make  all  the  people  in  the  Union,  one  people,  in  those  relations 
which  the  constitution  recognized  to  be  national. 

To  these  ends,  the  constitution  provides,  among  other  things,  for 
p.  uniform  standard  of  value,  in  gold  and  silver  coin ;  for  the  like 
standard  in  weights  and  measures ;  for  the  faithful  performance 
of  contracts  entered  into  between  citizens  of  different  states,  by  giv- 
ing jurisdiction  between  them  to  national  courts  ;  for  the  equal  dis- 
tribution of  the  estate  and  effects  of  insolvents,  by  means  of  one 
and  the  same  bankrupt  system  throughout  the  states.  To  secure 
the  effectual  operation  of  these  and  other  provisions,  the  constitu- 
tion prohibits  certain  acts  of  state  legislation,  in  these  words  : — "  No 
state  shall  coin  money ;  emit  bills  of  credit ;  make  any  thing  but 
gold  and  silver  coin  a  tender  in  the  payment  of  debts ;  pass  any  bill 
of  attainder,  ex  post  facto  law,  or  law  impairing  -the  obligation  of 
contracts." 

When  the  constitution  was  adopted,  insolvent  laws,  providing  for 
the  discharge  of  the  person,  and  future  acquisitions,  were  in  force  in 
some  of  the  states,  and  such  laws  have  been  passed,  or  revised,  in 
others,  since  the  adoption  of  the  constitution. 

In  this  state  of  things,  these  questions  have  been  raised  : — (1.) 
Do  state  insolvent  laws  impair  the  obligation  of  contracts  ?  (2.)  Jls 
power  is  granted  to  Congress  to  establish  a  uniform  system  of  bank- 
ruptcy, is  the  power  to  make  insolvent  laws  thereby  taken  away  from, 
tiie  states? 


152  POLITICAL  CLASS  BOOK. 

Several  cases  have  been  decided  in  the  Supreme  Court  of  the 
United  States  (the  court  of  the  last  resort  on  constitutional  law), 
in  which  the  above-mentioned  questions  arose.  It  will  be  noticed, 
that  the  prominent  words  in  the  prohibitory  clause  are,  "  impair- 
ing," "  obligation,"  "  contracts."  The  meaning  of  these  words,  taken 
separately,  is  well  understood.  Their  meaning,  taken  connectedly, 
in  the  above-quoted  clause,  has  been  so  differently  understood,  as  to 
call  forth  the  best  efforts  of  minds,  as  strong  by  nature,  and  as  much 
improved  by  study  and  experience,  as  any  that  do,  or  ever  did,  act  in 
our  national  affairs.  The  two  most  remarkable  points  of  difference 
are  understood  to  be  these  : — On  the  one  hand,  it  is  maintained,  that 
the  "  obligation  of  a  contract"  is  that  duty  which  arises  from  the 
immutable  laws  of  natural  justice,  the  obligation  of  which  men  are 
presumed  to  carry  with  them  into  society ;  and  that  the  laws  of 
society  do  no  more  than  to  enforce  the  performance  of  that  duty. 
On  the  other  hand,  it  is  maintained,  that  all  contracts  are  made  by 
persons,  who  are  already  members  of  society,  and  are  made  with 
reference  to  the  existing  laws  of  the  society  of  which  they  are  mem- 
bers;  and  that  the  ''obligation"  of  the  contract  is  that  only,  which 
these  laws  make  it  to  be. 

Those  who  maintain  the  first  point  say,  that  any  law  which  sub- 
stitutes something,  for  the  exact  performance  of  the  contract,  is  a 
law  impairing  the  obligation  of  contracts ;  that  insolvent  laws  do 
this,  and  are,  therefore,  repugnant  to  the  constitution. 

Those  who  maintain  the  second  point  say,  that,  as  all  contracts 
ere  made  with  reference  to  existing  laws,  if  there  be  a  law  in  force, 
when  a  contract  is  made,  which  provides,  that  contracts  may  be 
discharged  on  the  happening  of  a  certain  contingency,  in  some  other 
mode  than  that  expressly  provided  for  therein,  contracts  must  be  con- 
sidered as  having  been  made  with  reference  to  that  law ;  and  that 
such  law  does  not  impair  the  obligation.  Whence  they  infer,  that 
a  law,  which  provides  that  debtors,  who  surrender  all  their  estate  and 
effects  for  distribution  among  creditors,  shall  thereupon  be  discharg- 
ed from  all  posterior  liability  to  these  creditors,  does  not  impair  the 
obligation  of  contracts  entered  into  after  such  law  was  in  force. 
Therefore,  the  operation  of  such  a  law,  on  such  contracts,  is  not 
repugnant  to  the  constitution. 

In  what  manner  the  Supreme  Court  of  the  United  States  have 
disposed  of  both  the  questions  above  stated,  will  be  seen  from  the 
following  cases : — 

Sturges  vs.  Crovmingshield.     (10  Wlieaton's  R.  122—208.) 

Action  on  promissory  notes,  dated  March  22,  1811.  Defence  ; — 
Discharge  under  the  insolvent  law  of  New  York,  passed  3d  of  April, 
1811.  Judgment ; — That,  since  the  adoption  of  the  national  constitu- 
tion, a  state  has  authority  to  pass  a  bankrupt  law,  provided  such  law 
does  not  impair  the  obligation  of  contracts,  within  the  meaning 
of  the  constitution  ;  and  provided  there  be  no  act  in  force,  to  estab- 
lish a  uniform  system  of  bankruptcy  conflicting  with  such  law ; 
that  the  law  of  New  York,  so  far  as  it  attempted  to  discharge  the 
contract,  on  which  the  suit  was  instituted,  was  a  law  impairing  the 
obligation,  &c. 

The  meaning  of  this  decision  is  supposed  to  be.  that  some  power 
of  making  insolvent  laws  resides  in  the  states;  and  that  a  law,  which 


NOTES.  153 

discharges  a  debtor  from  contracts  entered  into  before  the  passing 
of  such  law,  is  repugnant  to  the  provision  of  the  constitution  con 
cerning  contracts 

McMillan  vs.  MctfeiU.     (10  Whcatoris  R.  209.) 

McNeill  of  South  Carolina  sued  McMillan  of  Louisiana,  for 
money  paid  for  him,  as  surety  on  a  custom-house  bond,  in  May,  1812- 
Bfith  parties  then  lived  in  South  Carolina.  Between  that  time  and 
August,  1815,  McMillan  removed  to  New  Orleans, and,  in  that  month, 
obtained  a  discharge  under  the  insolvent  law  of  Louisiana ;  which 
discharge  was  offered  as  a  defence  against  McNeilPs  suit.  Judg- 
ment ; — That  the  discharge  was  not  a  bar  to  the  suit.  Although  the 
insolvent  law  was  made  before  the  debt  was  contracted,  the  contract- 
ing parties,  residing,  at  the  time  of  the  contract,  in  South  Carolina, 
had  no  reference  to  the  laws  of  Louisiana 

Ogden  vs.  Saunters.     (12  Whcaton's  R.  213— 2G9.) 

In  September,  180G,  Jordon  of  Kentucky  drew  a  bill  on  Ogden 
of  New  York,  in  favor  of  Saunders.  Ogden  accepted  the  bill,  but 
became  insolvent  before  the  day  of  payment,  and  obtained  a  dis- 
charge under  the  insolvent  law  of  New  York,  passed  in  1801.  He 
afterwards  removed  to  New  Orleans,  where  Saunders  brought  this 
suit  against  him. 

Ogden's  defence  was  (in  part)  his  discharge  under  the  New  York 
law.  Each  of  four  of  the  justices  of  the  Supreme  Court,  delivered 
elaborate  opinions  on  the  two  questions  before  stated,  and  are  under- 
stood to  have  concurred  in  this : — (1.)  That  the  grant  of  power  to 
Congress,  to  establish  bankrupt  laws,  is  not  an  exclusive  grant ;  and 
does  not  take  from  the  legislatures  of  the  respective  states,  the  right 
to  legislate  on  the  same  subject?,  except  when  the  power  vested  in 
Congress  has  been  exercised,  and  the  state  laws  conflict  with  those 
of  Congress  : 

(2.)  That  a  state  insolvent  law,  which  discharges  the  person  of 
debtors,  and  their  after-acquired  property,  from  debts  contracted  after 
the  passing  of  such  la  Y,  is  not  repugnant  to  the  constitution  : 

(3.)  That  a  discharge  under  a  state  insolvent  law,  is  valid  only 
between  the  citizens  of  the  state,  by  which  that  law  was  passed,  and 
is  inoperative  as  to  contracts  made  with  citizens  of  other  states  : 

(4.)  That  a  citizen  who  contracts  debts  in  one  state,  and  then  re- 
moves into  another  state,  and  there  takes  the  benefit  of  an  insolvent 
law,  does  not  thereby  discharge  himself  from  debts  contracted  before 
hi*  removal. 

The  chief  justice,  and  two  other  justices,  did  not  concur  in  opinion 
vrith  the  other  four,  as  to  the  constitutionality  of  insolvent  laws ;  and 
lie  delivered,  for  himself  and  them,  an  elaborate  opinion,  setting 
forth  the  reasons  which  had  led  to  a  different  conclusion. 

The  law  is  understood  to  be  now  settled,  according  to  the  opinion 
of  a  majority  of  the  members  of  the  court,  as  in  all  other  cases  where 
a  difference  of  opinion  occurs.  But,  as  "the  positive  authority  of  a 
decision  is  co-extensive  only  with  the  facts  on  which  it  is  made," 
it  is  obvious  that  many  questions  still  remain  open ;  and  questions, 
too,  of  the  most  difficult  and  perplexing  character.  All  questions 
where  laws  conflict,  or,  in  other  words,  where  litigating  parties 


154  POLITICAL  CLASS  BOOK. 

claim  to  be  protected  or  sustained  under  laws  of  different  sovereign- 
ties, are  of  this  nature.  Although  the  constitution  has  been  in  the 
course  of  administration  for  more  than  forty  years,  nothing  has  been 
effectually  done,  in  pursuance  of  its  provisions,  for  the  relief  of 
debtor  and  creditor,  even  in  those  relations  which  are  strictly  com- 
mercial. 

Whether  the  differences  of  opinion  which  have  hitherto  prevented 
the  passing  of  a  national  bankrupt  law,  can  be  reconciled,  or  in  any 
way  go*ten  over,  is  exceedingly  doubtful ;  and  until  such  law  shall 
have  been  passed,  there  can  be  no  relief  from  the  embarrassments 
which  arc  said  to  exist,  but  by  the  exercise  of  power  admitted  to  be 
reserved  to  state  legislatures. 

Whether  a  creditor  shall,  or  shall  not,  have  the  remedy  of  coercion, 
by  imprisonment,  for  the  recovery  of  his  debt;  or  the  right  to  pun- 
ish his  debtor,  by  imprisonment,  because  he  cannot  pay,  is  entirely 
another  question ;  and  is  one  which  does  not  arise  under  the 
constitution  of  the  United  States.  Any  state  legislature  may  de- 
cide, by  law,  under  what  circumstances  imprisonment  for  debt 
shall  commence  ;  of  what  nature  it  shall  be  ;  how  long  it  shall  con- 
tinue ;  and  when,  and  how,  it  shall  end ;  and  even  that  there  shall 
be  no  imprisonment  for  such  cause.  Such  legislation  involves  only 
one  of  the  remedies  of  the  creditor,  and  does  not  impair  the  obligation 
of  the  debtor.  Mere  remedies  to  compel  the  payment  of  debts,  differ 
essentially  in  the  several  states,  and  are  from  time  to  time  changed 
-*nd  varied,  as  state  legislatures  see  fit.  It  is  not  perceived  that  any 
anodification,  or  «ven  the  total  abolition  of  imprisonment  for  debt, 
-can  .ever  be  made  a  subject  of  national  jurisdiction,  under  any  of  tha 
prohibitory  terms  of  the  .constitution. 


NOTE  ON  CRIMES. 

THERE  are  six  crimes  which  are  punishable  with  death  by  hanging, 
in  Massachusetts  ;  among  which  are  murder,  arson,  robbery,  burglary, 
treason. 

Murder  is  the  malicious  killing  of  any  human  being,  by  force  and 
violence,  or  by  any  secret  means,  as  poisoning.  The  word  murder 
is  supposed  to  be  derived  from  the  barbarous  Latin  mordrum,  or 
tnurdrum,  or  murdrare,  which  is  supposed  to  be  derived  from  morti, 
death,  and  dare,  to  give.  Murder  comes  under  the  general  term  of 
homicide,  which  is  derived  from  two  Latin  words  signifying  man,  and 
killing.  Homicide  is  felonious,  excusable,  or  justifiable.  Felony  is 
a  word  of  uncertain  origin.  All  crimes,  above  misdemeanor,  are  fe- 
lonious. Statutes  may  make,  and  often  do  make,  crimes  felonious, 
which  are  not  so  at  common  law.  Excusable  homicide  happens, 
when  one,  being  lawfully  employed  at  the  time,  kills  another,  with- 
out the  intention  to  do  any  wrong.  This  is,  more  properly,  killing  bv 
•misadventure.  Justifiable  homicide  is  putting  one  to  death  in  pursu- 
ance of  legal  sentence ;  or  in  the  necessary  defence  of  one's  person, 
j  or  goods.  .Manslaughter  is  the  unlawful  killing  of  another, 


NOTES.  155 

trithout  malice,  cither  express  or  implied ;  which  may  be  voluntary, 
as  in  a  sudden  affray;  or  involuntary,  hut  when  doing  some  unlaw- 
ful act. 

Arson  is  from  ardeo,  to  burn,  and  means  the  malicious  burning  of  a 
dwelling-house  in  the  night  time. 

Robbery  is  from  the  barbarous  Latin  robariu,  and  means  the  taking 
of  property  from  one's  person  by  violence,  or  by  threats  of  violence, 
and  putting  the  person  in  fear  of  his  life,  or  of  grievous  injury.  Lar- 
ceny is  the  legal  term  for  theft  of  all  sorts ;  it  is  derived  from  the 
Latin  latrocimum,  which  is  translated  theft,  or  robbery. 

Burglary  is  derived  from  two  words,  which  signify  theft,  and 
dwelling-place  ;  and  means  breaking,  and  entering  a  dwelling-house, 
in  the  night  time,  with  intention  to  commit  any  felony  therein. 

Treason  is  the  levying  of  war  against  the  government,  or  con- 
spiring to  levy  war  against  it ;  or  adhering  to  public  enemies,  giving 
them  aid  and  comfort.  This  crime  can  hardly  be  committed  against 
a  state,  since  the  adoption  of  the  national  constitution. 

All  crimes,  not  capital,  are  punished  by  imprisonment  for  life,  and 
hard  labor  and  solitary  confinement ;  or  by  such  punishment,  for 
years,  in  the  state  prison  ;  or  by  imprisonment  in  the  common  jail, 
and  fine  ;  and,  for  still  inferior  offences,  confinement  in  houses  of 
correction,  and  fine  ;  or  by  fine  only.  In  such  cases,  the  statute* 
fix  the  highest  and  lowest  degrees  of  punishment,  and  leave  tho 
judicial  courts  to  decide  on  the  amount  of  punishment  between  the 
two  extremes. 

Perjury  (from  perjurium)  is  the  wilful  and  false  swearing,  when 
under  the  obligation  of  an  oath,  in  any  case  where  the  public  law 
requires  a  declaration  of  the  truth  under  path  ;  subornation  of  perjury 
is  the  crime  of  procuring  one  to  swear  wilfully  and  falsely,  in  such 
cases.  All  oaths,  which  the  public  laws  do  not  require,  are,  in  them- 
selves, criminal. 

Forgery  is  a  term  borrowed  from  the  fashioning  or  forming  of  any 
article  on  the  anvil,  and  signifies  the  false  and  fraudulent  making  of 
things,  or  the  similitude  of  deeds,  records,  notes  or  writings  of  any 
kind,  with  the  intention  to  wrong  or  defraud. 

Counterfeiting  is  commonly  used  to  signify  the  making  of  false 
coins,  or  of  false  bank  bills,  or  the  fraudulent  alteration  of  true  ones. 

Blasphemy  is  derived  from  two  Greek  words,  which  signify  speak- 
ing and  impiously ;  and  is  defined,  by  statute,  to  be  such  speaking  in 
relation  to  the  Supreme  Being,  the  Savior,  or  the  Scriptures. 

The  statute  laws  recognize,  and  provide  punishments  for,  all  other 
crimes,  the  number  of  which  is  very  many.  They  are  usually  class- 
ed under  some  one  of  these  heads  : — 

(I.)  Crimes  against  the  lives  and  persona  of  citizens. 

(2.)  against  private  property. 

(3.)  against  public  justice. 

(4.)  against  public  peace. 

(5.)  against  chastity. 

(6.)  against  public  policy. 

The  crimes  above-mentioned  and  referred  to,  are  punishable  under 
the  authority  of  the  several  states.  Some  crimes,  of  the  like  nature, 
are  punishable  under  the  authority  of  the  United  States,  and  some 
crimes  are  punishable  under  the  latter  only. 


J56  POLITICAL  CLASS  BOOK. 


Crimes  against  the  Laws  of  the  United  Stales. 

The  courts  of  the  United  States  have  exclusive  jurisdiction  of  all 
»  rimes,  which  are  committed  in  violation  of  laws  enacted  by  Con- 
gress ;  and  these  laws  are  such,  and  only  such,  as  the  constitution  of  the 
United  States  expressly  or  irnpliedly  provides  for.  As  the  sovereign- 
ty of  the  United  States  is  a  limited  one,  and  that  of  each  elate  an 
tibsolutc  one,  excepting  only  as  the  powers  granted  to  the  United 
States  make  it  otherwise,  the  question  arises,  How  is  the  line  drawn, 
which  separates  the  one  sovereignty  from  the  other  in  matters  of  crim- 
,nal  jurisdiction  ?  The  answer  is,  that  all  which  does  not  expressly  .or 
by  necessary  implication,  belong  to  the  United  States,  ia  reserved  to 
th«  states.  This  rule  will  settle  every  question  of  jurisdiction  be- 
tween the  two  sovereignties ;  viz.  The  act  done,  the  place  in  which  it 
was  done,  and  the  person  against  whom,  or  thing  in  relation  to  which, 
it  was  done,  must  all  be  such  as  to  give  jurisdiction  to  the  United 
States'  courts ;  and  if  any  one  part  be  wanting,  the  jurisdiction  be- 
longs to  the  state.  For  example  ;  a  stage  coach  is  stopped,  and  rob- 
bed, between  Washington  and  Baltimore.  This  is  a  crime  against 
die  laws  of  Maryland.  An  hour  afterwards,  a  MAIL  stage  coach  is 
stopped  by  the  same  persons,  in  the  same  spot,  and  robbed.  This  is 
a  crime  against  the  laws  of  the  United  States.  Again ;  a  citizen 
holds  a  civil  office,  under  the  United  States.  His  dwelling-house 
is  entered,  and  gold  coin  of  the  United  States  is  stolen  therefrom. 
This  is  an  offence  against  the  state.  This  citizen  was  not  robbed  in 
relation  to  his  office  ;  his  gold  was  not  taken  as  coin  of  the  United 
States,  but  as  money.  But  if  any  unlawful  act  were  done  to  this 
citizen,  even  in  his  own  dwelling-house,  in  relation  to  his  vjfiff,  it 
would  be  an  offence  against  the  laws  of  the  United  States.  The 
places  in  which  the  United  States  have  exclusive  jurisdiction  are  the 
high  seas,  forts,  arsenals,  and  particular  places  ceded  by  the  states 
for  national  use ;  as,  navy-yards,  sites  for  light-houses,  and  all  within 
their  limits.  The  persons  or  things  are  all  officers,  in  respect  of  their 
official  rights  and  dutyv,  and  all  things  which  are  exclusively  na- 
tional, or  national  property,  or  which  exist  in  virtue  of  lawa  of 
Congress ;  as,  the  national  bank,  post-offices,  coin,  public  dobt, 
records,  courts,  revenue,  &c.  The  afts  done,  and  charged  to  bo 
crimes,  are  the  same,  every  where,  as  to  mere  agency;  as  murder  is 
murder  wherever  it  occurs,  &c. ;  but  by  what  tribunal  they  are  to  be 
judged  of,  and  punished,  depends  on  the  distinctions  above-mentioned. 

As  the  United  States  have  the  exclusive  power  to  legislate  as 
to  the  army  and  navy,  crimes  and  punishments  in  these  departments 
are,  in  some  degree,  dependent  on  the  circumstance,  whether  a  state 
of  war  exists  or  not ;  some  offences  are  capital  in  time  of  war,  which 
are  not  so  in  time  of  peace.  Trials  in  such  cases  are  had  in  courts 
martial  (held  only  by  military  or  naval  officers). 

Among  the  crimes  (and,  as  far  as  recollected,  all  the  crimes)  pun- 
ishable with  death  by  the  United  States  laws,  are  these  : — piracy  (a 
word  derived  from  both  Latin  and  Greek),  which  is  forcible  robbery 
on  the  high  seas  (engaging  in  the  slave  trade  is  classed  with  piracy, 
and  punished  in  like  manner) ;  murder ;  malicious  burning  or  destroy - 
ino-  of  ships  at  sea ;  arson  ;  robbery  of  the  mail  on  the  highway. 

the  crimes  which  are  felonies  less  than  capital,  and  misdemean- 
ors, are  very  numerous,  and  provision  is  made,  in  the  statutes,  for 
their  trial  and  punishment. 


NOTES.  357 

In  general,  the  United  States  have  not  court-houses  ;  but  use  those? 
in  which  the  state  courts  are  held  ;  nor  have  they  jails  or  peniten- 
tiaries. These  places  of  confinement  and  punishment,  built  under 
state  authority,  are  used  in  judicial  proceedings  of  courts  of  the  United 
States ;  and  sentences  of  these  courts  are  executed  in  state  jails  and 
prisons  ;  but  this  is  so  by  consent  of  state  legislatures,  expressed  in 
statutes. 

The  distinction  between  national  and  state  authority,  may  seern,  at 
first  view,  confused,  and  difficult  to  be  understood.  But  all  becomes 
clear  from  understanding  the  fact,  that  there  is  a  distinct,  and  perfect- 
ly organized  government,  for  the  whole  people  of  the  United  States 
(as  though  there  were  no  state  governments),  for  certain  defined 
purposes,  in  which  all  the  people  have  a  common  interest ;  and  thai 
there  are  state  governments,  for  all  other  purposes,  which  act  within 
their  own  limits,  and  on  their  own  citizens.  Every  citizen  is,  at  all 
times,  subject  to  both  these  governments.  But  the  rights  and  duties 
under  the  one,  are  entirely  distinct  from  those  under  the  other. 
Hence,  a  crime  committed  in  violation  of  a  law  of  the  United  States, 
is  no  offence  against  any  state  law ;  and  crimes  against  state  laws, 
are  not  offences  against  laws  of  the  United  States.  There  are  no 
judicial  magistrates,  in  the  national  government,  inferior  to  district 
judges.  It  sometimes  happens,  that  some  judicial  act  must  be  done, 
when  a  district  judge  is  not  at  hand  (there  being  but  one  in  each 
district,  however  extensive)  ;  as  a  previous  examination  on  a  charge 
of  some  crime  against  a  law  of  the  United  States.  In  such  case, 
justices  of  the  peace  may  examine,  and,  if  they  think  proper, 
secure  the  accused,  to  be  further  dealt  with,  by  committing  him  to 
prison. 

14 


APPENDIX. 


CHAPTER  I. 

Pursuits  in  Life. 

IN  order  to  supply  all  the  real  or  imaginary  wants  which  grow 
out  of  the  condition  of*  man  in  a  state  of  society,  a  great  variety 
of  pursuits  have  become  necessary.  Of  these  the  most  important 
are  those  which  furnish  him  with  food,  guard  him  from  heat  and 
cold,  protect  him  from  the  inclemencies  of  the  weather  and  the 
seasons,  and  enable  him  to  inhabit  the  different  climates  of  the 
earth. 

To  these  are  added  numerous  others,  which  have  sprung  from 
his  desire  of  improvement  These  render  his  habitation  and  his 
garments  convenient  and  comfortable,  excite  and  gratify  his  taste, 
and  bring  to  him,  while  dwelling  in  a  little  corner  of  the  earth,  all 
the  delights  and  advantages  of  every  other  region. 

That  he  may  possess  these  enjoyments  in  security,  and,  pos- 
sessing them,  may  employ  his  leisure  in  occupations  worthy  of 
his  intellectual  and  immortal  nature,  other  arts  and  professions 
have  been  found  necessary,  to  record  and  ascertain  his  acquisi- 
tions, to  extend  his  power  over  nature,  to  enrich  him  with  knowl- 
edge of  the  distant  and  the  past,  and  to  enable  him  to  prepare  for 
the  future". 

If  a  man  would  be  skilful  in  any  one  of  these  pursuits,  he 
must  spend  a  considerable  portion  of  his  youth  in  preparation 
for  it.  If  he  would  be  useful  and  eminent,  he  must  devote 
a  largo  part  of  his  middle  life  exclusively  to  his  particular  call- 
ing. 

AH  the  different  pursuits  are  ha  themselves  equally  respectable. 
But  all  are  not  suited,  nor  agreeable,  to  every  person.  Th.\v 
require  very  different  kinds  of  preparation  ;  and  some  require  a 
much  longer  and  higher  preparation  than  others.  It  is  the  object 
of  this  Appendix  to  give  some  account  of  the  various  kinds  and 
degrees  of  preparation,  which  it  is  necessary  to  make  for  some 
of  the  most  important  of  these  pursuits.  It  has  been  thought  not 
unsuitable  to  annex  this  account  to  a  book  which  points  out  tlm 
duties  and  rights  of  the  American  citizen.  Its  importance  is  obvi- 
ous from  the  fact,  that  while  ample  provision  is  made  for  a  course 
of  study  for  persons  destined  to  become  physicians,  lawyers  or 


3  APPENDIX, 

ministers  of  the  gospel,  no  such  provision  is  made, for  young  per- 
sons who  are  desirous  of  qualifying  themselves  to  he  good  farmers, 
mechanics  or  instructors. 


CHAPTER  II. 


THE  pursuit  which  occupies  the  greatest  number  of  persons,  in 
a  civilized  state,  and  which  is  essential  to  the  subsistence  of  men  in 
;v  social  community,  is  the  cultivation  of  the  earth,  or  agriculture. 

This  includes  the  raising  of  all  kinds  of  vegetables  for  the 
food  of  man  and  other  creatures  that  depend  on  him  ;  the  rear- 
ing of  cattle,  horses,  and  other  domestic  animals  ;  the  management 
of  the  dairy  ;  the  preparation  of  fruits  and  their  juices,  surli  as 
the  making  of  cider;  the  planting  and  preservation  of  fruit  and 
f'nrost  trees,  and  whatever  else  is  necessary  to  the  bringing  to 
perfection  the  productions  of  the  earth.  It  is  commonly  suppos- 
rd,  that  very  little  information  is  necessary  to  enable  a  man  to 
•  •onduct  the'  business  of  a  farm.  But  to  be  an  intelligent  and  suc- 
cessful husbandman,  requires  no  trifling  acquisitions. 

lie  must  understand  the  nature  and  management  of  soils. 
Without  this  knowledge,  ho  cannot  be  sure  that  1:^  l:i]s  his 
ground  on  right  principles,  or  applies  the  different  s<  ;!••  to  their 
right  uses.  lie  ought  therefore  to  be  acquainted  with  chemistry,* 
which  treats  of  the  nature  and  qualities  of  soil.  Chemistry  will 
also  give  him  much  valuable  information  upon  the  qualities  of 
milk,  and  the  processes  of  making  butter  and  cheese  ;  upon  the 
management  of  fruits,  and  the  modes  of  making  cider,  perry  and 
wine  f  and  upon  the  preparing  and  applying  of  manures.  So 
that  some  knowledge  of  it  should  be  considered  indispensable  to 
the  well-informed  fanner. 

Indeed,  without  a  knowledge  of  chemistry,  a  fanner  cannot 
avail  himself  of  the  advantages  of  his  situation.  There  are  often 
to  be  found,  beneath  the  surface  of  the  ground,  clays,  marls,  anil 
other  substances,  which,  when  properly  applied,  are  excellent 
manures.  The  knowledge  of  chemistry  will  assist  in  finding  ->nd 
applying  them. 

Then  the  farmer  should  be  well  acquainted  with  the  mode 
of  growth,  and  the  diseases,  of  the  different  kinds  of  vegetables, 
grains  and  fruits  which  he  cultivates.  He  will  otherwise  often 
waste  his  labor  in  attempting  to  cultivate  a  plant  upon  soil 
which  does  not  yield  it  proper  food,  or  lose  his  crop  from  not 
knowing  what  remedy  to  apply,  to  remove  an  evil  which  he  does 
not  understand. 


AGRICULTURE.  3 

He  should  know  how  to  breed  horses,  cattle,  sheep,  swine, 
&c.,  so  as  to  stock  his  farm  with  animals  of  the  best  breeds ; 
to  prevent  or  heal  diseases  among  them  ;  to  improve  the  breeds, 
and  to  do  all  profitably.  He  must  therefore  not  be  ignorant 
of  that  part  of  natural  history  which  relates  particularly  to  these 
animals. 

There  is  a  branch  of  culture  which  has  been  much  neglect- 
ed hi  this  country,  but  which  is  very  important,  and  deserves 
to  be  attended  to:  this  is  the  management  of  forest  trees.  There 
are  now,  throughout  New  England,  large  tracts  of  land,  which 
are  very  valuable  only  while  covered  with  trees.  The  forests, 
in  many  parts,  are  disappearing,  and  new  ones  are  not  often 
planted  to  take  their  place.  This  was  once  the  case  with  Scot- 
land ;  and  the  destruction  of  its  forests  is,  at  this  day,  lament- 
ed as  a  national  misfortune.  Many  animals  and  delicate  plants 
are  supposed  not  to  flourish  so  readily  in  an  open  country,  as  in 
one  protected  by  trees  ;  rain  is  thought  not  to  fall  so  beneficially, 
nor  the  lightning,  that  mighty  but  beneficent  agent,  to  do  its  office 
so  gently,  as  when  it  is  drawn  from  the  clouds,  gradually,  by 
these  natural  attractors.  In  our  burning  summers,  too,  shade 
is  sweet  to  man  and  beast.  Against  the  fury  of  the  north-west 
wind,  what  a  barrier  is  presented  by  a  grove  of  old  oak  trees ! 
I  say  nothing  of  the  value  of  fuel  and  timber ;  and  yet,  for  these 
alone,  a  growing  forest,  even  if  left  to  itself,  and  much  more 
if  taken  care  of,  is  like  money  at  interest. 

Let  the  landholders  of  New  England  hesitate  before  they  throw 
away  so  many  advantages,  which  they  now  hold  in  their  posses- 
sion, in  the  forests  that  cover  their  hills. 

Forest  trees,  like  every  tiling  else,  are  improved  by  care  ;  the 
less  useful  trees  may  be  removed,  and  the  more  valuable  ones 
favored.  In  some  cases,  foreign  trees  might,  with  advantage,  fa 
introduced ;  in  many,  the  health  and  growth  of  the  native  kinds 
be  improved.  To  do  these  things  successfully  would  require  a  par- 
ticular study  of  the  character  and  habits  of  the  trees  to  be  cultivated. 

In  th«  last  place,  it  may  be  Bi»il  of  a  husbandman,  whai 
may,  indeed,  be  said  of  almost  every  man,  that  he  can  hardly 
be  strictly  honest,  and  do  exact  justice  to  himself  and  his  neigh  - 
bor,  without  the  practice  of  keeping  accounts.  He  must  have  a 
memory  which  never  fails,  to  be  sure  that  ho  has  paid  what  ho 
owes,  and  demanded  what  is  due  to  him,  if  he  trusts  to  his  mem 
ory  alone.  The  practice,  moreover,  will  be  of  great  use  to  him  in 
his  husbandry.  The  only  sure  way  of  knowing  whether  one 
crop  is  more  or  less  profitable  than  another,  is  to  keep  an  account 
with  each  crop,  as  if  it  were  a  person,  to  charge  all  it  costs,  and 
credit  all  it  yields. 

A  tanner  should,  therefore,  be  familiar  with  arithmetic  ami 
Recounts,  and  should  know  something  of  chemistry  and  the  nai  - 
ural  history  of  the  common  plants  and  animals.  As  he  is  ofte  i 
culled  to  superintend  mechanical  operations  on  his  farm,  an  1 
to  judge  of  improvements  in  ploughs  anil  other  implements,  l.c 
should  not  be  ignorant  of  mechanics. 


4  APPENDIX. 

Books.  The  following  books  may  be  recommended  to  him : — 
Conversations  on  Chemistry,  and  Davy's  Agricultural  Chemistry ; 
Conversations  on  Vegetable  Physiology  and  the  Elements  of  Bot- 
any ;  the  Treatise  on  Mechanics,  contained  hi  the  Library  of  Use- 
ful Knowledge.  The  New  England  Farmer,  published  weekly 
at  Boston,  contains  a  great  deal  of  valuable  information,  suited  to 
the  wants  and  capacities  of  farmers.  Thacher's  Orchardist  is  a 
Treatise  on  Fruit-Trees  suited  to  New  England. 

Conversations  on  Chemistry  is  the  title  of  a  book  written  for 
the  instruction  of  beginners  in  this  science.  It  is  a  very  clear, 
sensible,  well  arranged  book.  It  has  the  great  advantage  of  being 
written  in  such  a  style,  that  every  part  of  it  is  intelligible  to  a  per- 
son who  has  never  read  anything  upon  the  subject.  It  gives  an  in- 
teresting account  of  earths,  metals,  and  all  other  substances  with 
which  we  have  anything  to  do ;  explains  the  manner  in  which 
plants  grow,  and  the  subsuuices  of  which  they  are  composed,  ana 
the  manner  in  which  air  acts  upon  them,  and  upon  animals.  It 
is  a  small  volume,  and  costs  about  $1,00. 

Davy's  Agricultural  Chemistry  was  written  by  the  most  distin- 
guished of  the  English  chemists,  for  the  express  purpose  of  ren- 
dering the  subject  interesting  and  useful  to  the  cultivators  of  the 
soil.  This  end  is  very  perfectly  attained.  It  gives  more  informa- 
tion upon  the  nature  of  soils,*  and  the  suitableness  of  particular 
soils  to  particular  vegetables,  than  perhaps  any  other  book.  It 
supposes  a  person  to  have  some  knowledge  of  chemistry,  and  is 
therefore  to  be  read  after  the  Conversations.  The  price  of  this 
valuable  work  is  about  $1,75. 

A  book  with  the  title  "  Conversations  on  Vegetable  Physiology, 
comprehending  the  Elements  of  Botany,  with  their  Application 
to  Agriculture,"  is  by  the  author  of  Conversations  on  Chemistry, 
and  is  equally  well  written.  It  treats  of  the  roots,  stems,  leaves, 
flowers,  fruit,  seed,  and  other  parts  of  plants  ;  of  the  action  of  air, 
heat,  light  and  moisture  upon  plants  ;  of  the  modes  of  planting, 
grafting,  watering,  and  otherwise  treating  plants ;  cf  the  nature 
of  soils,  and  the  cultivation  of  gra^sey  and  trees.  In  prder  to 
understand  it,  a  person  should  know  something  of  chemistry.  It 
will  be  found  a  very  useful  book  to  a  farmer.  Price,  $1,00. 

The  Treatise  on  Mechanics,  above  referred  to,  is  contained  in 
numbers  6,  7,  8  and  11  of  the  Library  of  Useful  Knowledge, 
which  was  intended  for,  and  is  admirably  well  suited  to,  all 
classes  of  men  who  have  not  great  leisure  for  study. 


CHAPTER  III. 

Useful  Jlrls  and  Trades. 

NEXT  to  the  pursuits  of  agriculture,  may  be  considered  what 
are  called  the  useful  or  mechanic  arts  ond  trades.  These  have 
principally  for  their  object  to  convert  the  productions  of  the  earth 


USEFUL  ARTS.  5 

and  sea,  of  vegetable,  animal  or  mineral  nature,  into  forms  or 
fabrics  smiled  to  the  wants,  comforts  or  luxuries  of  men. 

Classification.  The  arts  may  be  divided  into  three  classes: — 1. 
those  employed  in  changing  the  qualities  of  substances,  and  im- 
parting oew  ones;  2.  those  by  which  the  form  only  is  changed, 
but  the  properties  remain  unaltered;  and  3.  those  which  furnish 
the  instruments  and  means  by  which  all  the  arts  of  the  other  two 
classes  arc  carried  on. 

The  leather-dresser  chcinges  soft  and  perishing  skin  into  tough 
and  durable  leather.  The  metallurgist  converts  the  ores  of  iron, 
copper  or  lead,  into  the  metals  themselves.  The  dyer  changes 
the  property  of  color.  The  arts  of  these  persons  belong  to  the 
first  class. 

The  glove-maker  and  the  shoe-maker  give  to  leather,  without 
changing  its  nature,  forms  suitable  for  use.  The  boat-builder 
shapes  boards  and  planks  of  wood,  by  the  aid  of  iron,  tar,  hemp 
and  paint,  into  boats  of  various  kinds.  These  belong  to  the 
necond  class. 

The  artists  who  supply  the  former  with  needles  and  awls,  and 
the  latter  with  planes,  augers,  chisel?2,  adzes,  and  other  tools,  be- 
long to  the  third  class. 

First  Class.  Every  one,  who  would  produce  a  permanent 
change  in  any  substance,  ought  to  study  to  understand,  as  far  aa 
he  can,  the  nature  of  the  substance  he  acts  upon,  and  of  the 
change  he  would  effect.  With  this  knowledge  only  can  he  be 
reasonably  sure  that  he  is  employing  the  most  direct  and  effi- 
cient means  of  reaching  his  end.  This  can  be  made  clear  only 
by  examples. 

It  is  the  object  of  the  tanner  to  change  the  hide  of  an  animal 
into  leather.  This,  he  knows,  may  be  done  in  several  ways,  in 
a  short  or  long  time,  and  by  the  use  of  several  different  sub- 
fv.inees.  It  is  desirable  to  do  this  in  the  shortest  and  cheapest 
\vuy  ;  while  the  leather  shall,  at  the  same  time,  be,  in  the  greatest 
degree  possible,  strong,  pliable,  tough,  impervious  to  water,  and 
uninfluenced  by  air.  Now,  in  order  that  he  may  improve  any 
one  of  the  processes,  through  which  the  hide  has  to  pass,  he  ought, 
as  far  as  he  can,  to  understand  the  nature  of  each  of  them.  He 
ought  to  understand  the  qualities  of  skin  itself,  what  it  is  com- 
posed of,  and  to  what  circumstances  it  owes  its  qualities.  He  must 
understand  what  effect  lime  has  upon  it,  and  whether  some  other 
substance  could  not  produce  the  same  effect  more  easily,  or  a 
better  effect.  To  this  end,  he  must  study  the  nature  of  lime,  and 
of  those  substances  which  resemble  lime.  Then  he  must  under- 
stand the  effect  which  the  tannin,  which  is  contained  in  oak  bark, 
lias  upon  the  hide  ;  what  the  substance  called  tannin  is,  and  wheth- 
or  it  does  not  exist  in  greater  quantities  or  better  qualities  in 
other  barks  or  woods,  or  in  some  substances  which  are  not  bark 
nor  wood.  He  ought  also  to  understand  what  effect  immersion 
in  water,  or  exposure  to  air,  or  the  action  of  heat,  or  of  light,  has 
upon  the  leather,  during  these  processes.  These  are  only  a  few 
of  the  circumstances  and  influences  he  should  understand ,  and 


<>  APPENDIX. 

lie  can  know  little  about  either  of  them,  but  by  an  acquaintance 
with  chemistry,  which  records  whatsoever  has  been  found  out  by 
men's  observation  and  experience,  upon  these  and  a  thousand 
similar  subjects. 

It  is  idle  to  say  that  an  apprentice  could  learn  all  this  from 
a  master,  and  that  a  master  is  better  than  a  book,  True,  he  will 
learn  much  of  these  things  from  a  skilful  master,  and  probably 
many  things  which  he  would  not  find  in  books.  But  it  should 
be  remembered  tb»*  hooks  on  chemistry  contain  the  mature  re- 
sults of  the  experience  of  very  many  masters,  and  those,  too,  men 
who  exceedingly  well  understood  their  trade.  Would  you  not 
think  it  a  very  useful  volume,  which  contained  all  the  conclusions 
which  a  sensible  tanner  had  come  to,  after  many  experiments  and 
much  observation,  during  a  long  life  ?  Now,  a  volume  of  chemis- 
try would  contain  similar  conclusions  of  many  such  persons. 
Suppose  experiments  had  been  made  to  find  out  which  produced 
the  best  effects  upon  skins,  the  tannin  contained  in  the  bark  of 
*>ak,  chestnut,  willow,  sumach  or  elm,  and  how  those  effects  dif- 
fered from  each  other.  Would  not  a  book  containing  an  account 
of  these  experiments  be  very  useful  to  a  tanner  ?  Such  a  book 
would  be  a  volume  of  chemistry,  and  the  man  who  made  the 
experiments  would  be  a  chemist,  whatever  he  might  call  him- 
self. 

The  painter  may  be  taken  as  another  example.  The  use  of 
paint  is  twofold — to  defend  the  substance  to  which  it  is  applied 
from  the  action  of  the  air,  and  to  contribute  to  its  agreeable  ap- 
pearance. Of  these  the  first  is  the  most  important.  To  effect  this, 
paint  should  itself  act  favorably  upon  the  surface  to  which  it 
is  applied,  and  should  resist  the  action  of  moisture  and  air  to  as 
great  a  degree,  and  for  as  great  a  length  of  time,  as  possible.  A 
painter  ought,  therefore,  as  far  as  practicable,  to  understand  the 
nature  of  woods  and  other  substances  to  be  painted,  of  all  the 
substances  which  enter  into  the  composition  of  his  paints,  and 
of  air  and  water ;  and  how  each  of  these  acts  upon  the  rest. 
[f  he  do  not  understand  the  nature  of  wood,  he  may  ignorantly 
apply  kinds  of  paint,  which  will  not  unite  with  it,  or  with  the  sap 
or  gums  contained  in  it.  In  this  case,  the  paint  will  soon  peel  off, 
and  leave  the  surface  exposed  to  the  air.  This  sometimes  is  seen 
to  take  place.  If  he  be  ignorant  of  the  nature  of  his  paints,  he 
may  mix  together  articles  which  will  not  form  a  permanent 
union,  or  which  will  destroy  each  other's  color.  From  ignorance 
of  the  composition  and  nature  of  air,  he  may  expose  to  its  action 
a  substance  which  it  rapidly  corrodes.  All  knowledge  of  this 
kind  belongs  to  the  province  of  chemistry. 

Another  instance  of  the  importance  of  scientific  knowledge 
to  practical  men  may  be  found  in  the  case  of  the  dyer.  The 
object  of  dyeing  is  to  produce  a  permanent  change  in  the  color  of 
the  article  dyed.  The  excellence  of  a  dye  applied,  for  instance, 
to  a  woollen  cloth,  should  consist  in  imparting  the  required 
shade  of  color,  so  as  not  to  injure  the  texture  of  the  cloth,  and 
*>o  as  to  be  acted  upon  as  little  as  possible  by  the  air  and  light, 


USEFUL  ARTS.  7 

or,  if  acted  upon  by  the  light,  to  have  its  tint  and  brilliancy  rather 
improved  than  injured  by  it.  To  effect  all  these  different  ends, 
a  dyer  must  be  acquainted  with  the  chemical  nature  of  wool, 
and  the  alterations  made  in  its  nature  by  the  processes  of  manu- 
facture: he  must  understand  the  nature  and  origin  of  the  mineral, 
vegetable,  and  animal  substances,  used  in  dyeing ;  and  he  must 
understand  the  chemical  action  of  air  and  light  upon  colored  sub- 
stances exposed  to  their  influence.  What  constitutes  a  great  diffi- 
culty in  dyeing,  is  the  fact  that  nearly  all  the  mineral  substances 
which  enter  into  the  composition  of  dyes,  are  of  a  corroding 
nature,  and,  unless  counteracted  by  other  principles,  gradually 
tend  to  destroy  the  texture  of  the  cloth  or  other  article  to  which 
they  are  applied.  This  corrosive-ness  seems  necessary,  that  the 
color  may  sink  deeply  into  the  cloth,  and  be  thus  permanent ;  but 
ITS  destructive  influence  must  be  in  a  great  degree  corrected,  or 
the  firmness  of  the  fabric  will  be  destroyed. 

Effects  of  Light.  Another  great  difficulty  arises  from  the  fact. 
that  the  sun's  light,  among  the  numerous  and  surprising  effects 
which  it  produces  upon  the  visible  creation,  has  that  of  gradually 
softening  away  many  colors,  so  as  to  deprive  them  of  their  origi- 
nal brilliancy.  This  is  the  difficulty.  It  may  undoubtedly  be 
converted,  by  the  dyer  who  has  deeply  studied  the  influence 
of  sun-light  upon  different  coloring  substances,  into  a  source  of 
great  beauty.  By  slightly  over-coloring,  perhaps,  the  effect  of 
the  sun  shall  be  exerted  in  mellowing  down  the  too  gaudy  tints 
into  a  softness  and  richness  more  agreeable  to  the  taste;  than  any 
original  brightness.  We  know  this  is  done  in  the  masterpiece?  of 
painting,  and  cannot,  therefore,  doubt,  that  it  might  be  done  in 
dyeing. 

Something  more  might  probably  be  done.  We  often  see  pieces 
of  old  glass,  and  fragments  of  anthracite  coal,  resplendent  with  all 
the  colors  of  the  rainbow.  These  have  been  produced,  or  brought 
out,  by  the  action  of  light,  moisture,  air,  Or  some  similar  cause, 
upon  their  surface.  Whenever  we  can  understand  the  nature  of 
ihis  action,  we  shall  be  able  to  hope  to  imitate  it.  And  it  can 
only  be  understood  by  means  of  chemistry.  This  study,  then,  is 
indispensable  to  every  one  engaged  in  the  art  of  dyeing.  The 
properties  of  light  form  the  subject  of  a  branch  of  natural  phi- 
losophy called  optics. 

It  must  now  be  obvious,  that  persons  engaged  in  the  arts  of  the 
first  "-ass,  must  all  be  acquainted  with  chemistry,  and  some  of 
them  with  parts  of  natural  philosophy. 

Second  Class.  The  aits  of  the  second  class,  those  which  change 
the  form,  but  not  the  properties,  of  bodies  and  fabrics,  must  de- 
pend, mainly,  for  their  excellence  upon  the  manual  skill  and  dex- 
terity of  those  who  exercise  them.  Still  a  useful  preparation  may 
be  made  for  the  pursuit,  by  such  studies  as  point  out  the  nature 
of  the  materials  which  are  used  in  them.  This  may  be  rendered 
evident  by  considering  a  few  examples. 

To  take  that  of  the  house-carpenter.  His  object  is  to  build 
;.  house  of  the  best  materials,  and  in  the  best  and  most  eco- 


8  APPENDIX. 

nomical  manner.  In  order  to  choose  his  materials,  lie  must  be 
acquainted  with  the  good  and  bad  qualities  of  the  different  kinds 
of  wood,  and  know  on  what  circumstances  their  durability  de- 
pends. In  order  to  use  his  materials  economically,  he  must  know 
what  form  and  dimensions  to  give  the  posts,  beams  and  other 
parts  of  the  frame  of  a  house.  In  regard  to  each  one  of  these 
parts,  there  are  a  certain  form  and  a  certain  size,  which  are  better 
than  any  other.  A  beam  may  become  weak  by  being  too  largo, 
as  well  as  by  being  too  small,  and  a  builder  who  does  not  know 
what  the  true  medium  of  size  is,  will  be  liable  to  waste  his  mate- 
rials, and  weaken  his  work,  while  he  is  intending  to  strengthen  it. 
Now,  the  principles  upon  which  he  may  judge  arc  contained  in 
the  science  of  mechanics.  Of  this,  therefore,  the  builder  must 
not  be  ignorant.  The  proper  shape  and  arrangement  of  apart- 
ments, the  size  of  doors  and  windows,  the  mode  of  connecting 
the  parts  of  the  frame,  are  all  contained  in  books  upon  carpentry. 
The  best  books  upon  this  subject  suppose  an  acquaintance  with 
mechanics,  and  both  carpentry  and  mechanics  depend  on  geom- 
etry. A  builder  should  therefore  lay  a  foundation  for  skill  by  tho 
study  of  geometry,  and  add  to  it  the  study  of  the  other  two  branches 
so  essential  to  his  profession. 

It  is  proper,  in  this  place,  that  a  few  words  should  be  said 
upon  geometry,  as  this  study  is  not  only  the  basis  of  the  art  of 
the  house-builder,  but  of  all  those  arts  which  in  any  way  use 
ihe  principles  of  mechanics ;  and  indeed  it  is  the  ground-work 
of  nearly  all  the  practical  arts  which  do  not  depend  upon  chem- 
istry. 

Geometry  signifies  the  measure  of  the  earth.  But  the  science 
includes  the  measure  of  all  things  which  have  length,  breadth,  or 
thickness.  Land,  timber,  stone  and  earth  are  all  measured  by  the 
principles  of  geometry.  The  art  of  navigation,  or  sailing  upon 
the  ocean,  has  been  brought  to  perfection  by  these  principles ; 
and  by  means  of  them  the  magnitude  and  distance  of  the  heavenly 
bodies  have  been  ascertained.  The  construction  and  use  of  ma- 
chines cannot  be  thoroughly  understood  without  some  knowl- 
edge of  geometry.  A  wall  or  bridge  cannot  be  well  built,  nor  a 
wharf'  or  pier,  to  resist  the  pressure  or  thrust  of  earth  or  water, 
laid,  without  a  practical  use  of  truths  in  mechanics,  which  depend 
upon  geometrical  principles.  The  knowledge  of  geometry,  there- 
fore, while  it  is  of  use  to  all  persons,  is  of  the  greatest  importance 
to  the  mechanic. 

To  return  to  the  instance  of  the  house-builder.  In  order  to 
judge  of  wood,  and  the  properties  of  the  numerous  kinds,  he 
ought  to  know  at  what  season  of  the  year  different  trees  should 
be  felled,  and  how  they  should  be  seasoned.  This  knowledge 
may  be,  and  actually  is,  acquired  from  intercourse  with  practical 
men.  And  there  is  no  doubt  that  the  best  part  of  every  practical 
man's  information  must  be  acquired  in  this  way.  But  it  is  often 
the  lot  of  a  young  man  not  to  find  the  most  intelligent  men  to  learn 
from ;  and  there  are,  moreover,  many  things  which  are  more  ac- 
curately stated  in  books  than  they  can  be  by  any  man  whatever -• 


USEFUL  ARTS.  9 

and  a  book  of  science  contains  what  lias  been  found  out  by  the 
united  wisdom  of  a  great  many  men.  The  house-builder  should 
be  u  judge  of  bricks,  and  of  the  mode  in  which  they  should  be 
ia:<l,  that  he  may  superintend  the  masons  whom  he  employs. 

The  mason  should  have  knowledge  of  his  materials  and  their 
use.  No  two  things  differ  more  than  good  and  bad  mortar. 
The  one  becomes  harder  and  harder  by  time,  and  will  make 
the  walls  built  with  it  last  for  centuries.  The  other  moulders 
away,  lets  in  air  and  water,  and  allows  the  bricks  and  stones, 
which  should  have  beea  united  by  it,  to  fall  apart  in  a  few  yeara. 
To  be  able  to  choose  the  former,  and  avoid  the  latter,  a  mason 
must  be  acquainted  with  the  nature  of  mortar,  and,  to  that  end, 
with  that  part  of  chemistry  which  treats  of  it. 

He  ought  also  to  be  able  to  secure  a  house  against  the  evil  of  a 
smoky  chimney.  This  may  always  be  done  ;  and  if  masons  had 
the  information  they  ought  to  have,  it  always  would  be  done. 
But  to  do  it,  a  mason  must  be  acquainted  with  the  principles  on 
which  the  motion  of  smoke  and  air  depends.  These  are  treated 
of  in  books  on  natural  philosophy. 

After  these  instances,  it  will  not  be  thought  necessary  to  prov# 
farther,  that  every  workman  ought,  if  he  can,  to  become  acquaint- 
ed with  the  nature  of  the  materials  he  works  upon. 

Third  Class.  In  the  arts  of  the  third  class,  of  which  it  is  the 
object  to  furnish  the  means  and  instruments  for  the  exercise  of 
all  the  rest,  there  is  particular  need  of  the  knowledge  of  mechan- 
ics, as  many  of  them  are  the  most  complex,  and  require  the 
most  ingenuity  of  any  of  the  useful  arts. 

Mechanics  cames  from  a  Greek  word,  which  signifies  contri- 
vance, or  machine.  It  comprehends  whatever  belongs  to  motion, 
and  the  forces  and  means  which  produce  motion.  All  instru- 
ments are  made  and  act  upon  mechanical  principles,  and  it  is 
to  these  that  we  are  to  look  for  any  improvements  which  we  may 
hope  will  take  place,  in  the  means  of  acting  upon  the  powers 
of  nature.  Indeed,  the  powers  of  nature  themselves,  acting  in  the 
vast  spaces  of  the  universe,  and  forming  one  of  the  grandest  sub- 
jects of  our  investigations,  are  subject,  under  God's  providence, 
to  the  same  laws  that  we  observe  acting  on  the  surface  of  tho 
earth,  and  rightly  call  the  laws  or  principles  of  mechanics. 

Wherever  a  great  force  is  to  be  used,  as  in  the  drawing  out 
and  cutting  up  great  bars  of  iron,  the  stamping  of  coin,  tho  dra wr- 
ing upon  shore,  and  launching  again  into  the  sea,  a  large  ship, 
the  pumping  out  of  water,  or  the  lifting  of  coal  or  ore  from 
mines,  the  means  must  bo  found,  and  managed,  by  the  application 
of  mechanical  principles.  The  construction  of  every  machine, 
large  or  small,  depends  upon  the  same  principles.  He  who  has 
the  most  extensive  knowledge  of  mechanics,  and  the  most  perfect 
control  of  its  resources,  will,  therefore,  be  most  able  to  construct, 
modify  and  use  the  machines,  and  other  contrivances,  necessary 
in  the  arts. 

Books.  It  remains  to  give  some  account  of  a  few  useful  books, 
which  may  be  recommended  to  those  engaged  in  the  arts.  Aa 


10  APPENDIX. 

a  general  introduction,  especially  for  persons  who  have  sonic 
education,  no  book  has  lately  appeared  which  can  be  more  high- 
ly recommended  than  Bigelow's  Elements  of  Technology.  This 
volume  gives  some  account  of  the  general  principles  of  many 
of  the  most  important  of  the  arts.  It  is  better  adapted  to  persons 
interested  in  all,  than  to  those  who  are  particularly  devoted  to  one. 
Bi:l  it  contains  a  great  deal,  which  cannot  easily  be  found  else- 
where ;  and  whatever  it  contains,  may  be  entirely  depended  on. 
Some  of  the  chapters  must  be  interesting  to  all  persons ;  par- 
licularly  those  upon  heating,  ventilating  and  lighting  houses.  The 
following  are  some  of  the  subjects  of -the  chapters: — of  the  mate- 
rials used  in  the  arts,  their  form  and  strength ;  of  writing,  print- 
ing, painting,  engraving,  building,  machinery,  forces,  spinning 
and  weaving,  clockwork,  coloring,  making  glass  and  stone  ware, 
and  the  preservation  of  organic  substances.  At  the  end  of  each 
Chapter  is  a  list  of  the  best  works  which  have  been  written  on 
the  subject  of  that  chapter ;  and  this  is  the  most  useful  thing  in 
the  volume.  By  the  help  of  this  list,  an  excellent  library  might 
be  collected.  This  is  an  octavo  volume  of  over  500  pages,  with 
many  plates.  Price  about  $3,00. 

Another  treatise,  of  a  general  nature,  is  found  in  the  introducto- 
ry number  of  the  Library  of  Useful  Knowledge,  published  at 
London.  Its  title  is,  "  The  Objects,  Advantages  and  Pleasures 
of  Science."  Its  price,  as  that  of  each  of  the  other  numbers  of 
this  useful  publication,  is  from  twelve  to  fifteen  cents.  Here  also 
may  be  mentioned  the  first  eight  numbers  of  the  same  work  ;  the 
eleventh,  the  twelfth  and  nineteenth.  All  these,  though  unequal, 
are  excellent 

Chemistry.  In  addition  to  those  works  which  have  already  hern 
mentioned,  the  following  may  lye  noticed  as  useful : — Fyffe's 
I  Elements  of  Chemistry,  prepared  by  Dr.  Webster,  a  small  volunw 
of  about  400  pages,  (cost,  81,25,)  is  well  suited  to  beginners,  as  ir 
was  originally  intended  for  the  use  of  pupils  of  Mechanics'  In- 
stitutions. It  is  written  in  a  clear,  simple  style.  In  the  Appendix 
is  a  list  of  the  most  important  subjects  in  chemistry,  with  referen- 
ces to  fifty  works  upon  chemistry  and  natural  philosophy,  in 
which  these  subjects  are  treated  more  at  length. 

An  edition  has  lately  been  made  by  Dr.  Bache,  of  the  Franklin 
Institute,  of  the  Elements  of  Chemistry  of  Prof.  Turner  of  the 
London  University.  The  American  edition  is  in  one  volume, 
of  nearly  600  pages  of  fine  print,  and  it  costs  not  more  than  $2,00. 
It  is  a  full  treatise,  and,  considering  the  size  and  contents,  is  u 
cheap  volume.  From  its  recent  publication,  it  contains  some  dis- 
coveries in  chemistry,  which  will  not  be  found  in  other  books 
that  have  been  mentioned. 

Dr.  Webster's  Chemistry  is  a  compilation  from  the  best  authors, 
intended  particularly  for  the  use  of  students  attending  lectures, 
but  not  ill  adapted  to  any  learners  in  the  science,  who  wish  to 
obtain  more  than  a  superficial  knowledge  of  it.  It  is  in  one 
8vo.  volume  of  over  600  pages,  with  several  plates,  and  may  be 
bought  for  $3,00. 


BOOKS.  11 

A  very  complete  treatise  on  dyeing  will  be  found  in  a  work 
of  two  volumes,  8vo.  price  $4,25,  written  originally  in  French  by 
Berthollet,  and  translated  into  English  by  Dr.  Ure.  The  authoY 
of  this  work  was  considered  as  understanding  this  subject  as 
well,  perhaps,  as  any  person  who  has  ever  written  upon  it ;  arid 
some  processes,  first  recommended  by  him,  have  made  great 
changes  in  the  art. 

To  those  who  want  a  book  of  reference  in  chemistry,  the 
Chemical  Dictionary  of  Dr.  Ure  may  be  recommended.  It  is 
in  one  8vo.  volume  of  800  pages,  or  in  two  smaller  volumes.  It 
is  of  excellent  authority,  and  gives  a  pretty  full  and  satisfactory 
account  of  the  many  subjects  contained  in  it.  The  price  is  $4,00. 

Those  who  wish  for  the  fullest  account  of  all  the  parts  of 
chemistry,  with  references  to  all  the  original  authorities,  will  find 
it  in  Thomson's  System  of  Chemistry,  in  four  or  five  large  vol- 
umes, 8vo.  Henry's  Chemistry,  in  two  or  three  volumes,  8vo. 
of  about  400  pages  each,  has  long  had  a  very  good  reputation. 
Price,  $5,50. 

Natural  Philosophy.  As  a  mere  introduction  to  this  stud}', 
Joyce's  Scientific  Dialogues  may  be  of  use.  It  is  a  little  work  in 
three  volumes,  at  about  $1,50.  With  an  able  instructor  to  explain 
and  enlarge  upon  it,  it  is  a  useful  book.  The  best  part  of  this  may 
be  found  in  the  Scientific  Class  Book,  which  is  exceedingly  well 
fitted  to  be  used  in  schools,  where  much  time  cannot  be  given  to 
studies  of  this  kind. 

Adams's  Lectures  upon  Natural  Philosophy  are  a  popular  work, 
somewhat  diffuse,  but  generally  clear.  They  are  contained  in 
four  volumes,  with  well  executed  plates.  The  American  edition 
may  be  obtained  for  $9,00.  A  much  better  book,  for  practical 
men,  is  Brewster's  edition  of  Ferguson's  Lectures.  The  lectures 
themselves  are  the  work  of  a  man  ignorant  of  geometry,  and  are 
therefore  full  of  inaccuracies.  These  are  corrected  by  Dr.  Brews- 
ter,  who,  in  an  additional  volume,  has  given  a  great  deal  of  infor- 
mation, highly  useful  to  men  occupied  in  the  arts.  The  work  is 
in  two  volumes,  8vo.  It  is,  however,  difficult  to  be  found.  The 
life  of  Ferguson,  which  is  contained  in  the  first  volume,  is  exceed- 
ingly interesting,  from  the  difficulties  he  had  to  struggle  with,  and 
which  he  overcame. 

These  treatises  are  generally  free  from  mathematical  language, 
and  may  be  understood  with  the  inost  common  knowledge  of 
mathematics.  If  any  one  wishes  to  understand  the  subject  thor- 
oughly, and  read  the  best  books  upon  it,  he  must  previously 
learn  geometry  and  algebra.  With  the  knowledge  of  them,  he 
may  read  the  following  works: — Emerson's  Mechanics,  which 
is  a  very  full  and  valuable  treatise,  in  one  quarto  volume,  price 
about  $5,00.  The  Cambridge  Course  of  Physics.  The  Mechan- 
ics of  this  course  is  the  most  complete  treatise  which  has  been 
published,  separately,  in  this  country.  Parts  of  it  require  a 
knowledge  of  the  higher  branches  of  mathematics,  but  most  of  it 
is  intelligible  to  a  person  who  understands  geometry  and  algebra. 
There  are  four  volumes,  one  upon  mechanics,  one  on  physics, 
15 


12  APPENDIX. 

one  on  optics,  one  on  astronomy.  They  may  be  had  separately 
for  about  three  dollars  each  volume. 

Dr.  Gregory's  Mathematics  for  practical  men  is  a  single 
volume  of  400  pages,  with  several  plates,  and  may  be  had  for 
$4,00.  This  was  written  expressly  for  beginners  in  civil  engineer- 
ing, and  for  other  mechanics  and  artists.  It  contains  the  most 
important  parts  of  arithmetic,  algebra,  the  truths  of  geometry,  and 
its  applications,  mensuration,  mechanics,  &c.  The  principles  are 
usually  laid  down,  but  not  demonstrated. 

Brunton's  Mechanics'  Text-Book  is  a  little  work,  which  may  be 
useful,  although  it  has  the  same  defect  as  the  preceding,  of  not 
explaining  the  truths,  rules,  and  tables  which  are  laid  down.  It 
is  intended  for  "  engineers,  mill-wrights,  machine-makers,  found- 
ers, smiths,  &c."  It  contains  "  Practical  Rules  and  Tables  con- 
nected with  the  Steam-Engine,  Water- Wheel,  Force-Pump,  and 
Mechanics  in  general."  It  may  be  bought  for  50  cents. 

The  Builder's  Pocket  Manual,  a  small  12mo.  volume  of  300 
pages,  price  75  cents,  contains  rules  and  instructions  in  the  arts 
of  carpentry,  joinery,  masonry,  and  bricklaying,  with  several  en- 
gravings.— These  last  three  works  are  unlike  the  others  that  have 
been  recommended,  in  containing  principles  only,  without  the 
explanations.  They  are  not  well  suited  to  beginners.  A  better 
book  is  Allen's  Mechanics.  It  contains  nothing  upon  arithmetic, 
and  little  upon  geometry  or  algebra.  This  cannot  be  considered 
a  defect,  as  these  may  be  learnt  elsewhere  to  better  purpose.  But 
it  goes  more  fully  into  those  branches  which  are  of  immediate 
importance  to  mechanics  and  manufacturers,  for  whose  use  it  is 
intended.  It  contains  many  valuable  tables,  and  much  other 
useful  information.  By  one  who  has  acquired  the  rudiments 
of  natural  philosophy,  it  will  be  easily  understood.  Price,  about 
$3,00. 

Carpentry.  An  excellent  book  upon  the  subject  of  carpentry 
was  published  in  1827,  prepared  by  B.  Hale,  then  principal  of 
Gardiner  Lyceum.  This  is  the  best  introduction  to  be  found, 
to  the  art  of  the  carpenter.  It  treats  of  the  strength  of  timber, 
and  of  the  construction  of  floors,  roofs,  and  the  other  parts  of  a 
building.  It  requires  no  mathematics  but  arithmetic,  and  every 
carpenter  will  find  it  of  the  greatest  use.  It  costs  $1,12. 

Civil  Engineering.  This  teaches  the  art  of  building  walls, 
roads,  bridges  and  other  extensive  works.  Some  considerable  in- 
formation upon  materials,  modes  of  laying  out  and  constructing 
roads,  of  building  bridges,  of  digging  and  securing  canals,  form- 
ing locks,  building  sea-walls,  and  protecting  harbors,  may  be 
found  hi  a  work  called  Sganzin's  Civil  Engineering,  which  was 
published  at  Boston  in  1827.  It  costs  $1,33. 

Geometry.  For  simplicity,  clearness  and  easiness  of  compre- 
hension, no  full  treatise  on  the  subject  is  superior  to  Walker's 
Elements  of  Geometry.  Where  the  object  is  to  get  an  acquaint- 
ance with  the  science  for  immediate  use,  it  is  unequalled,  as  it  is 
short,  but  strict,  and  nothing  essential  is  omitted. 

The  author,  who  has  been  longer  and  more  deservedly  famous 


INSTRUCTION.  13 

for  teaching  geometry  well,  than  any  other  author  ever  was  for 
teaching  any  science,  is  Euclid  ;  and  Euclid's  Elements  are,  at 
this  day,  among  the  best  books  on  geometry  to  be  found.  His 
editors  are  numberless :  one  of  the  best  is  Simpson. 

Legendre's  Geometry,  as  used  at  Cambridge,  is  the  most  per- 
fect work  upon  the  subject  of  the  elements  of  geometry  that 
has,  for  many  years,  been  written.  It  goes  farther  into  the 
subject  than  Euclid,  containing  the  best  of  the  modern  sugges- 
tions, all  admirably  clear  and  well  arranged.  There  are  many 
other  books  upon  geometry.  These  seem  to  be  best  suited  to 
the  purpose  now  in  view. 

Algebra.  Colburn's  Introduction  to  Algebra  is  upon  the  same 
principle,  and  almost  equally  successful,  as  his  books  upon 
arithmetic.  The  learner  has  the  satisfaction  of  overcoming  the 
difficulties  of  the  science  himself,  by  a  process  into  which  he  is 
gradually  led,  so  that  they  almost  cease  to  appear  to  be  diffi- 
culties. 

Day's  Algebra  is  easy  and  useful. 

If  the  learner  wishes  to  use  algebra  in  assisting  him  to  read 
English  authors  on  natural  philosophy,  he  may  learn  some 
English  treatise,  as  that  in  the  Library  of  Useful  Knowledge, 
Wood's  Algebra,  or  Bonnycastle's,  which  are  among  the  easiest. 
If  he  wishes  to  have  the  means  of  reading  French  authors  upon 
the  same  subject,  he  may  studv  Lacroix's  *i1~rnrfr  i  — 


CHAPTER 


UKIVEBSH 


Inttructom.       ^*  *  ****»•* ^ 

OF  the  learned  professions,  it  is  intended  to  remark  only  on 
that  of  instructers  of  the  young  ;  for  these  may  be  considered 
as  belonging  to  that  class.  The  reason  why  they  have  not  been 
so  considered,  is  probably  that  they  have  not  generally  embraced 
the  business  of  teaching  as  a  distinct  profession.  Men  devoted 
to  other  pursuits,  have  taken  up  the  duty  of  instruction  as  a  tem- 
porary employment. 

It  begins  to  be  viewed  with  different  feelings  ;  and  it  is  not 
uncommon,  now,  to  find  young  men  resolving  to  devote  them- 
selves to  it,  as  a  permanent  profession.  Such  will  do  well  to 
consider  how  great  a  work  they  are  taking  upon  themselves, 
and  how  much  is  to  be  done  in  preparation.  They  are  not  only 
— to  use  the  language  of  one  who  seems  to  have  felt  for  school- 
masters, as  if  he  had  himself  been  one — to  spend  their  time  "in 
controlling  petulance,  exciting  indifference  to  action,  striving  to 
enlighten  stupidity,  and  laboring  to  soften  obstinacy  ;"  they  are 
to  quicken  the  tender  germ  of  intellect  when  it  begins  to  spring 
up  towards  the  light  of  truth  ;  to  tend  and  train  the  powers  as 


14  APPENDIX. 

they  successively  unfold  themselves ;  to  fill  the  mind  with  good 
knowledge ;  to  watch  growing  habits ;  to  form  the  child  to 
be  happy  and  useful,  and  able  to  contribute  to  the  happiness 
of  others  ;  in  short,  to  form  him  for  the  service  of  society  and 
of  God,  and  to  exert  influences,  which,  in  their  remote  results, 
will  be  as  lasting  as  the  immortal  mind  itself.  Such  should  be 
the  exalted  purpose  of  the  instructer,  and  he  should  continually 
aim  at  it,  though  with  the  conviction  that  he  shall  never  be  able 
to  attain  to  it  perfectly.  Let  no  one  lightly  enter  upon  so  high 
an  office  ;  but  if  he  enter,  let  him  give  to  it  his  heart  and  his 
strength. 

I  am  speaking  particularly  of  those  who  embrace  instruction 
as  a  profession  for  life ;  but  what  is  said  will  apply,  in  some 
measure,  to  those  also  who  take  it  up  for  a  limited  time. 

An  instructer  should  store  his  own  mind  with  the  knowledge 
of  the  works  of  nature.  The  child  opens  his  eyes  upon  the 
beautiful  creation,  and  every  object  moves  his  affections,  and 
excites  his  wonder.  An  instructer  should  be  ready  to  answer 
the  numberless  questions  which  will  be  put  to  him  ;  and  let  him 
do  it  reverently.  Let  him  remember  that  God  teaches  us  by 
his  works  ;  and  if  a  voice  speak  not  to  him  from  these  works, 
he  wants  the  first  qualification  for  his  office.  Whatever  sciences 
qualify  to  communicate  this  instruction — natural  history,  nat- 
ural philosophy,  physiology,  anatomy,  botany,  chemistry — let 
him  store  his  mind  with  their  treasures. 

The  medium  by  which  this  and  all  knowledge  is  communi- 
cated from  one  to  another,  is  language.  An  instructer  should 
aim  to  be  a  master  of  his  own  native  tongue  ;  and,  in  order  to 
that,  he  should  study  those  languages  on  which  it  is  built.  Let 
him  begin  with  Latin,  the  great  mother  of  nearly  all  the  culti- 
vated tongues  of  western  Europe.  If  he  begins  early  enough, 
— and  late  is  better  than  not  at  all, — he  will  be  able  to  learn  this 
to  some  degree  of  perfectness.  With  the  knowledge  of  this,  he 
will  find  the  French,  Italian,  and  other  kindred  dialects,  of  com- 
paratively easy  acquisition.  It  would  be  well  if  he  could  add 
thereto  Greek  ;  and  still  better  if  he  could  add  German.  But, 
with  a  competent  knowledge  of  Latin  and  Greek,  he  will  find 
few  English  words,  of  whose  right  meaning  he  need  be  doubt- 
ful, or  which  he  cannot  trace  to  their  root,  except  those  words 
which  are  said  to  come  to  us  from  the  Saxon  and  Celtic. 

If  there  be,  besides  our  native  tongue,  one  which,  more  than 
others,  deserves  peculiar  attention  from  the  future  schoolmas- 
ter, it  is  the  Greek.  All  technical  terms  in  all  the  sciences,  and 
in  nearly  all  modern  languages,  are  derived  from  Greek,  and  it 
is  just  these  words,  and  the  notions  which  they  express,  which 
an  instructer  ought  to  know  ;  for  he  must  almost  necessarily 
make  use  of  the  elements  of  all  the  sciences.  The  New  Testa- 
ment, which,  even  as  a  model  of  the  art  of  teaching,  the  instruc- 
ter should  value  above  every  other  volume,  was  originally 
written  in  Greek.  The  Greeks,  too,  are  the  first  teachers,  and 


INSTRUCTION.  15 

among  the  most  successful,  of  very  much  that  we  teach.     The 
root  of  European  improvement  was  with  the  Greek. 

The  exact  sciences  are  those  which  may  most  successfully  be 
used  as  discipline  to  the  powers ;  as  instruments,  therefore,  the 
instructor  should  be  familiar  with  arithmetic,  geometry  and  al- 
gebra. It  is  necessary  only  to  name  them  ;  whoever  under- 
stands them  will  see  at  once  what  use  they  are  of  to  himself, 
and  how  he  can  make  them  useful  to  others.  If  he  can  add  to 
these  a  knowledge  of  the  higher  branches  of  mathematics,  he 
will  never  have  occasion  to  regret  the  acquisition.  And  it  is  an 
important  consideration,  that  the  best  books  upon  the  physical 
sciences,  which  have  for  some  time  appeared  in  England, 
France,  and  the  rest  of  Europe,  suppose  a  knowledge  of  these 
branches,  and  cannot  be  fully  read  without  them. 

The  accomplished  instructer,  as  indeed  every  other  person 
who  desires  to  be  at  all  distinguished  for  his  attainments,  must  be 
largely  read  in  history  and  geography.  The  best  literature  of 
his  native  language  should  be  familiar  to  him.  By  this  alone 
can  he  become  practically  a  master  of  the  use  of  it. 

Let  it  not  be  said,  that  too  high  a  standard  is  set  for  the  ac- 
quisitions of  the  schoolmaster.  He  who  undertakes  to  teach, 
as  his  profession  for  life,  ought  to  be  able  to  teach  whatever  his 
pupils  may  need,  or  desire  to  learn,  except  those  branches  that 
are  obviously  within  the  province  of  mechanical  art.  Attainment 
will  never  be  high,  if  the  standard  be  not  high  ;  and  if  those  of 
any  profession  should  aim  to  be  learned,  it  is  those  who  devote 
themselves  to  the  profession  of  instruction.  Whether  too  high, 
however,  or  not,  instructers  will  never  be  respected  as  a  profes- 
sion, until  they  attain  to  something  near  it ;  since  individuals 
in  other  professions  often  go  far  beyond  the  limits  which  have 
been  here  laid  down. 

Not  much  has  yet  been  published  in  this  country,  calculated 
to  assist  the  instructor  in  the  modes  of  teaching,  or  the  personal 
qualifications  for  the  office.  A  beginning  has  been  made,  in 
the  excellent  Lectures  on  School-keeping  by  S.  R.  Hall.  This 
book  should  be  in  the  hands  of  every  teacher.  The  Introduc- 
tory Discourse  and  Lectures  delivered  before  the  American  In- 
stitute of  Instruction  will  be  found  very  interesting  and  useful. 
All  these  have  been  produced  in  a  manner  which  cannot  fail  to 
advance  the  science  of  education.  They  contain  the  fruits  of 
the  experience  of  distinguished  teachers.  Bacon,  Locke,  Mil  - 
ton,  and  some  other  eminent  foreigners,  have  written  upon  the 
subject,  and  it  is  to  be  hoped  that  their  best  works  of  this  kind 
will  soon  be  republished  in  this  country.  Some  valuable  re- 
marks upon  the  motives  by  which  children  should  be  led  to 
study,  will  be  found  in  the  chapter  upon  emulation,  in  Park- 
hurst's  Moral  Philosophy.  Other  parts  of  the  volume  will  also 
be  found  useful  to  the  instructer. 
15* 


16  APPENDIX. 

CHAPTER  V. 

Moral  Philosophy. 

WHATEVER  relates  to  our  conduct  or  motives,  as  being  right 
or  wrong,  belongs  to  morality ;  and  the  science  which  teaches 
us  our  duty,  and  the  reasons  of  it,  is  called  moral  philosophy. 

We  have  duties  to  ourselves,  to  our  fellow  men,  and  to  God. 
Upon  a  knowledge  of  our  duties  to  ourselves,  will  depend  our 
happiness  ;  upon  a  knowledge  of  our  duties  to  our  fellow  men, 
will  depend  our  usefulness  to  them  ;  and  upon  a  knowledge  of 
our  duty  to  God,  will  depend  our  usefulness  and  happiness  here 
and  hereafter. 

Personal  Duties.  We  have  duties  to  ourselves,  which  are  in- 
dependent of  our  relation  to  others.  As  we  grow  up  to  maturity, 
the  formation  of  our  habits,  the  cultivation  of  our  powers,  and 
everything  else  which  has  reference  to  our  happiness,  are  ne- 
cessarily committed  to  our  own  charge.  We  must  make  our- 
selves, after  a  certain  period,  whatever  of  good  and  excellent 
we  may  become ;  we  have,  therefore,  the  greatest  interest  in 
practising  what  will  have  a  tendency  to  make  us  happy,  and  in 
avoiding  what  will  make  us  unhappy. 

As  far  as  happiness  springs  from  ourselves,  it  will  depend 
upon  the  right  cultivation  and  improvement  of  our  various  fac- 
ulties. In  the  first  place,  we  must  take  care  of  the  bodily  fac- 
ulties ;  for  it  is  only  with  a  healthy  body  that  we  can  enjoy  the 
numberless  pleasures  that  are  presented  us  by  our  sight,  our 
hearing,  and  our  other  senses.  It  is  only  with  a  healthy  body 
that  we  can  enjoy,  in  any  considerable  degree,  even  the  simple 
pleasure  of  eating.  Beautiful  objects,  pleasing  sounds,  agreea- 
ble odors,  are  continually  presented  to  us  ;  but,  unless  we  are 
in  health,  they  can  give  us  no  pleasure.  One  of  our  first  duties 
to  ourselves,  then,  if  we  are  in  earnest  in  our  pursuit  of  happi- 
ness, is  the  preservation  of  the  health  of  the  body.  This  de- 
pends on  temperance.  All  excess  impairs  the  organs  of  the 
frame.  Temperance  consists  in  avoiding  excess,  not  only  in 
drinking,  but  in  eating,  sleeping,  exercise  of  mind  or  body,  or 
the  neglect  of  exercise.  Excess,  by  disordering  the  body,  brings 
on  disease,  and  shortens  life.  The  man  of  temperate  habits  not 
only  enjoys  his  food  and  drink,  his  sleep  and  exercise,  much 
more  than  the  intemperate  man,  but  he  enjoys  them  much 
longer.  If  our  enjoyment,  therefore,  depended  only  on  the 
body,  and  terminated  in  this  life,  it  would  be  our  duty,  to  be 
temperate. 

But  we  have  mind,  as  well  as  body  ;  and  our  best  and  most 
permanent  enjoyments  are  those  which  belong  to  the  mind. 
The  world  is  full  of  fountains  of  happiness,  if  we  will  learn  to 
drink  from  them.  The  pure  and  healthy  mind  is  full  of  happy 
thoughts,  and  all  the  objects  of  creation  arc  continually  suggest- 


MORAL  PHILOSOPHY.  17 

ing  them.  Now,  intemperance  in  eating  or  drinking  renders 
this  nice  sense  of  happiness  dull  and  obtuse.  It  quells  the  high 
spirits,  blunts  the  quick  perception  of  beauty  and  excellence, 
stupifies  reason,  and  at  last  almost  destroys  it.  The  intellectual 
man,  therefore,  even  if  he  dwelt  in  solitude,  in  an  unvisited 
island,  would  sin  against  the  happiness  of  the  mind,  if  he  were 
intemperate.  How  much  more  binding  is  the  duty  of  temper- 
ance, on  him  who  is  to  employ  his  faculties,  not  only  for  him- 
self, but  for  others,  and  that  for  an  indefined  future  ! 

All  our  faculties,  before  they  are  nourished  by  education,  are 
but  as  germs ;  weak  and  uncertain  principles,  which  are  to 
receive  their  strength,  compass  and  character,  from  cultivation. 
For  this  process  of  cultivation  we  have  a  limited  time,  a  few 
years  at  farthest.  It  becomes  us  to  use  it  frugally.  He  who 
wastes  his  time,  throws  away  an  opportunity,  which  may  never 
return,  of  preparing  himself  for  happiness.  Economy  in  the 
use  of  time,  is,  therefore,  an  essential  duty.  Time  is  a  great 
good  given  to  all,  and  to  all  equally,  wherein  to  prepare  for  all 
future  good.  The  man  who  depends  on  his  daily  labor  for  sup- 
port, whose  industiy  constitutes  his  sole  wealth,  must  take  time 
to  bring  it  to  a  useful  end  ;  and  the  man  who  has  the  powers 
of  Newton  or  of  Solomon,  can  accomplish  nothing  without 
time.  He  who  takes  from  me  an  hour  of  time,  deprives  me  of 
all  the  good  which  I  could  gain  in  that  hour  ;  and,  if  I  waste  it 
myself,  I  do  myself  an  equally  irreparable  injury. 

But  health  of  body  and  mind  is  chiefly  valuable  because  it 
puts  us  in  a  condition  to  perfect  our  higher  powers  ;  and  time 
owes  its  great  value  to  its  being  the  means  within  which  we 
accomplish  this.  If  temperance  and  economy  of  time  aro  Ju- 
ties,  one  still  higher  and  more  binding,  is  the  duty  of  improving 
all  our  faculties,  and  thus  rendering  ourselves  susceptible  of 
higher  degrees  and  higher  kinds  of  happiness.  The  memory 
is  a  treasure-house  of  truths,  which  we  gather  from  observa- 
tion, reflection,  experience  and  study.  These  truths  are  essen- 
tial to  our  welfare  and  advancement.  Whatever  contributes  to 
the  perfecting  of  the  powers  which  we  employ  in  gaining  truth, 
is  therefore  a  part  of  duty.  These  powers,  namely,  the  facul- 
ty of  attention,  of  discrimination,  conception,  judgment,  im- 
agination, and  others,  are  improved  by  exercise.  It  becomes, 
then,  a  duty  to  exercise  these  powers  upon  their  proper  ob- 
jects. 

The  faculty  by  which  we  judge  of  right  and  wrong  in  con- 
duct, is  called  conscience.  All  agree  that  this  faculty  is  suscep- 
tible of  cultivation,  that  all  have  a  conscience,  that  in  some  it  is 
active  and  enlightened,  in  others,  torpid  and  uninformed.  This 
power  is  our  great  internal  guide  in  duty.  The  habits  and 
character  we  form,  will  depend  more  on  the  care  we  take  to 
enlighten  our  conscience,  and  the  faithfulness  with  which  we 
follow  its  dictates,  than  upon  everything  else.  Now,  we  are 
'immortal ;  we  are  to  form  our  character,  and  the  habits  of  our 


18  APPENDIX. 

mind,  for  eternity.     How  momentous,  then,  the  duty  of  enlight- 
ening our  conscience,  and  obeying  it ! 

This  is  the  last  and  greatest  of  personal  duties.  The  empire 
of  the  conscience  extends  to  every  action  which  has  reference 
to  right  and  wrong.  If  we  have  a  good  conscience,  and  always 
listen  to  its  dictates,  we  shall,  as  far  as  ourselves  are  concerned, 
always  do  right.  This  truth  was  recognized  by  one  of  the  sages 
of  ancient  times,  who  bequeathed,  as  a  parting  legacy  to  his 
friends,  the  advice — "  Reverence  thyself."  Fear  not  men,  and 
refer  not  to  their  opinions  in  regard  to  your  own  duty ;  but  fear 
yourself,  and  never  violate  what  are  your  own  convictions  of 
right.  These  are  some  of  the  personal  duties. 

Social  Duties.  In  the  next  place,  we  have  duties  to  our  fellow 
men,  or  social  duties. 

We  find  ourselves  existing  in  such  connexion  with  those 
about  us,  that  we  depend,  in  a  thousand  ways,  upon  them,  and 
are  able,  in  an  equal  degree,  to  contribute  to  their  good.  The 
dependence  is  mutual.  The  benefits  we  receive  from  others 
are  such,  that  life  would  be  hardly  worth  having,  without  them. 
It  is  the  duty,  then,  of  each  individual  in  society  to  contribute 
his  proportion  towards  that  common  good,  from  which  the 
happiness  of  each  one,  and  of  the  whole,  is  derived. 

It  would  be  impossible,  in  a  few  pages,  to  give  an  intelligible 
account  of  all  the  duties  which  are  incumbent  upon  a  man  as  a 
member  of  society.  Nothing  more  will  be  attempted,  than  to 
mention  a  few  of  the  more  important  ones. 

At  the  foundation  of  all  duties,  and  of  all  virtue,  both  person 
al  and  social,  is  the  love  of  truth.  The  value  to  ourselves  of 
the  love  of  truth,  is  inestimable.  Without  it,  we  cannot  search 
into  and  discover  our  own  character ;  and,  whilst  we  remain 
ignorant  of  ourselves,  we  are  not  prepared  to  make  any  prog- 
ress in  perfecting  the  best  part,  that  is,  the  immortal  part,  of 
our  nature. 

The  importance  of  regarding  the  truth  merely  as  a  social 
duty,  arises  from  the  fact,  that  the  business  of  society  could  not 
*jo  on,  unless  we  could  depend  upon  the  promises  of  others. 
Each  individual  would  have  to  do  every  thing  for  himself,  if  he 
could  not  trust  to  the  expressed  or  implied  promise  which  every 
one  makes,  when  he  undertakes  to  act  for  another.  Universal 
disregard  of  truth  would,  therefore,  make  men  lower  than  sav- 
ages. Every  departure  from  truth  does  something  to  destroy 
the  confidence  which  is  essential  to  the  well-being  of  society, 
and,  therefore,  has  a  tendency  to  disorder  and  destroy  society. 

A  principle  which  is  so  important  to  individual  and  to  public 
happiness,  ought  to  be  deeply  seated ;  and  the  love  of  truth 
should  be  inculcated  upon  children,  and  should  be  cherished  by 
all  who  are  judges  of  their  own  conduct,  with  earlier  and  more 
constant  and  sedulous  care,  than  any  other  principle.  The  first 
departure  from  truth,  is  the  first  step  to  vice  and  ruin.  As  long 
a*  a  child  or  a  man  is  a  lover  of  the  truth,  there  is  hope  of  him. 


MORAL  PHILOSOPHY.  19 

He  who  disregards  the  truth,  or  is  indifferent  to  it,  is  already 
without  principle. 

Truth  concerns  ourselves  and  our  fellow  men.  The  way  in 
which  we  violate  truth  to  ourselves  is,  by  breaking  our  resolu- 
tions. We  should,  therefore,  be  exceedingly  averse  to  making 
resolutions,  or  binding  ourselves  by  vows  ;  and  it  seems  to  be 
against  these  that  the  command  in  the  Gospel — Swear  not  at 
ail — is  directed.  The  personal  consequences  of  departing  from 
truth,  in  our  conversation  with  others,  are,  the  loss  of  the  con- 
fidence and  esteem  of  others,  and  all  the  particular  evils  which 
all  the  falsehoods  we  are  guilty  of  produce.  The  liar  is  despis- 
ed by  others,  even  by  other  liars,  and  by  himself.  In  the  Scrip- 
tures of  the  New  Testament,  a  deeper  detestation  is  expressed 
of  lying,  than  of  any  other  vice  or  crime  whatever.  The  love 
of  truth  in  words,  is  connected  with  a  love  of  truth  in  nature 
and  in  the  sciences.  When  the  moral  taste  is  corrupted,  the 
power  of  perceiving,  comprehending  and  enjoying  the  truth,  in 
all  which  comes  under  the  examination  of  the  mind,  is  essen- 
tially diminished. 

The  great  foundation  of  our  duties  to  each  other  is  charity. 
The  word  is  here  employed  in  the  comprehensive  sense  in 
which  it  is  used  in  the  New  Testament.  This  leads  us  to  love 
our  neighbor  as  ourself,  and  is  thus  the  source,  not  only  of  jus- 
tice, but  of  kindness,  benevolence,  generosity,  and  all  the  noblest 
of  the  virtues.  It  teaches  us  to  love  our  neighbor  for  his  sake, 
and  not  for  our  own,  and  thus  excludes  selfishness,  and  other 
unworthy  motives.  It  leads  us  to  judge  of  our  neighbor  as  we 
would  wish  to  be  judged  ourselves,  and  condemns  censorious- 
ness,  distrust,  and  the  imputation  of  mean  and  evil  motives. 
In  this  enlarged  sense,  charity  influences  the  manners,  looks 
and  words,  as  well  as  the  actions.  An  unkind  look,  or  a  harsh 
word,  as  really  offends  against  the  charity  of  the  Gospel,  as  an 
unjust  action  ;  and  rude  manners  are  as  inconsistent  with  the 
delicacy  of  feeling  for  others,  which  is  the  essence  of  charity,  as 
a  blow,  or  a  fraudulent  bargain. 

Politeness  has  sometimes  been  considered  as  having  no  ref- 
erence to  morality ;  and  it  has  even  been  supposed  that  incivil- 
ity and  rudeness  were  not  inconsistent  with  the  Christian  char- 
acter. To  perceive  how  unjust  this  supposition  is,  both  to 
Christianity  and  to  politeness,  it  is  only  necessary  to  consider 
what  politeness  really  is.  True  politeness,  then,  not  only  seems 
to  respect  the  feelings  of  others,  but  actually  does  respect  them ; 
it  leads  a  man,  not  to  pretend  to  make  a  sacrifice  of  his  own 
ease  or  convenience  to  gratify  another,  but  to  make  the  sacri- 
fice, and  to  take  a  pleasure  in  it.  If  this  be  a  correct  account 
of  politeness,  how  does  it  differ,  so  far  as  it  goes,  from  the  kind- 
ness which  belongs  to  charity  ?  Gracefulness  of  manners,  and 
refinement  of  language,  which  are  gained  by  long  associating 
with  well-bred  and  intelligent  people,  are  not  essential  to  po- 
liteness, but  only  an  agreeable  dress  which  it  often  appears  in. 


20  APPENDIX. 

These  two,  the  love  of  truth  and  charity,  we  conceive  to  be 
the  most  important  and  comprehensive  of  those  principles,  upon 
which  a  willingness  to  perform  our  duties  must  depend. 

The  several  social  duties  arise  from  the  several  relations  in 
•which  we  stand  towards  others.  The  simplest  of  these  rela- 
tions is  that  of  parent  and  child.  The  duties  of  the  parent, 
which  spring  from  this  relation,  are  those  of  supporting  and 
educating  his  child.  By  the  first  of  these,  he  is  bound  to  pro- 
vide for  him  suitable  food,  clothes  and  maintenance ;  by  tin; 
second,  he  is  bound  to  set  him  a  good  example,  to  form  him  to 
virtuous  habits,  to  defend  him  from  the  corrupting  influence  of 
other?,  and  to  give  him  a  suitable  preparation  for  a  respectable 
and  honest  situation  in  life. 

The  answer  to  the  question  why  the  parent  is  bound  to  do 
these  things  more  than  any  other  individual,  is,  shortly,  this: — 
It  is  of  infinite  importance  to  the  child,  that  some  one  should 
do  them  for  him,  and  of  vast  consequence  to  society  that  they 
should  be  done  for  every  child ;  and  the  natural  and  intimate 
relation  between  the  parent  and  the  child  distinguishes  the 
parent,  in  a  manner  not  to  be  mistaken,  as  the  one  individual, 
upon  whom  the  duty  rests.  If  the  parent  shall  not  do  it,  who 
shall  ?  And  if  it  be  not  done,  the  child  is  ruined,  and  a  great 
injury  done  to  society. 

The  duties  of  the  child  are,  respect  and  obedience, — because, 
without  these,  the  duties  of  the  parent  cannot  be  performed 
with  effect, — and,  in  case  of  need,  maintenance. 

Another  class  of  duties  arises  from  tlie  relation  between  mas- 
ter and  servant.  Of  this  important  relation,  which  comprehends 
the  condition  of  apprentices,  of  domestics,  of  laborers,  of  sailors, 
and  many  others,  in  reference  to  the  person  or  persons  to  whom 
their  services  are  due,  it  will  be  sufficient  to  give  a  single  in- 
stance. In  the  case  of  the  apprentice,  who  is  put,  at  an  early 
age,  to  learn  some  art  or  business,  under  a  competent  person, 
the  duty  of  a  parent  is,  by  the  nature  of  the  case,  transferred  to 
the  master.  He  is,  therefore,  bound  to  take  the  same  charge 
of  his  apprentice,  in  reference  to  his  education  and  character, 
as  if  it  were  his  own  child,  in  that  situation  ;  and  he  is  clothed 
with  the  same  authority  in  regard  to  him.  A  consideration  of 
the  mutual  duties  of  parent  and  child  will,  therefore,  answer 
the  question,  What  are  the  reciprocal  duties  of  a  master  and 
his  apprentice,  when  the  apprentice  is  a  minor  ? 

The  institution  of  government  gives  rise  to  many  duties, 
which  it  is  unnecessary  to  dwell  upon  in  this  place,  as  they  may 
be  learned  from  the  preceding  volume. 

Religious  Duties.  The  highest  of  our  duties  are  our  duties  to 
God.  To  him  we  owe  love,  worship  and  obedience.  The  ex- 
planation and  enforcement  of  these  duties,  which  are  called  re- 
ligious duties,  properly  belong  to  the  ministers  of  religion. 
The  consideration  of  our  immortality,  and  our  relation  to  our 
Creator,  ought,  however,  never  to  be  long  absent  from  tho 


MORAL  PHILOSOPHY.  21 

thoughts  of  any  one.  Without  them,  our  condition  here,  our 
trials,  our  sufferings,  our  capacities,  our  hopes,  are  a  perplexing 
and  unsolved  mystery. 

An  unfailing  guide  for  our  motives,  and  a  rule  of  conduct  in 
all  respects,  enjoyment  of  the  present  life,  and  preparation  for 
the  life  to  come,  are  found  in  the  Gospel  of  Jesus  Christ,  con- 
tained in  the  Scriptures  of  the  New  Testament.  But  in  our  in- 
tercourse with  men,  many  questions  arise,  in  which  considera- 
tions of  a  temporary  nature,  not  particularly  spoken  of  in  the 
Scriptures,  are  necessary  to  our  adopting  aright  line  of  conduct. 
For  the  solving  of  these  questions,  books  have  been  written  upon 
moral  philosophy ;  not  to  lay  down  new  principles  of  conduct,  but 
to  show  the  application  of  the  principles  already  acknowledged, 
to  the  circumstances  and  events  which  occur,  and  to  give  rea- 
sons for  our  being  guided  by  these  principles. 

The  Scriptures,  for  example,  give  us  the  commandment. 
"  Thou  shalt  not  bear  false  witness  against  thy  neighbor,"  but 
do  not  explain  what  it  is  to  bear  false  witness,  and  give  us  no 
reason  for  the  command  but  that  such  is  the  will  of  God.  The 
writer  on  moral  philosophy  defines  the  offence,  and  gives  such 
reasons  *or  avoiding  its  commission,  as  show  that  obedience  to 
this  commandment  is  favorable  to  our  own  happiness,  and  that 
of  others ;  thus  showing  that  God  wills  the  happiness  of  men. 
The  Scriptures  command  us  to  "do  justly,"  but  do  not  define 
justice,  nor  show  the  application  of  the  rule  to  the  various  cir- 
cumstances of  our  intercourse  with  other  men.  This  the  writer 
on  moral  philosophy  does.  He  explains  the  nature  of  justice, 
and  shows  the  evil  consequences  which  proceed  from  an  in- 
fringement of  the  rule  in  our  promises,  bargains  and  other 
transactions.  The  book  of  moral  philosophy  in  no  degree  su- 
persedes the  Scriptures,  nor  substitutes  any  other  principles 
than  those  contained  in  them.  It  only  elucidates  those  princi- 
ples, shows  their  application  to  our  conduct,  sets  forth  their 
reasonableness,  and  gives  us  additional  inducements  to  be  guided 
by  them.  The  writer  on  moral  philosophy  addresses  us  as  rea- 
sonable creatures,  desirous  of  our  own  good  and  the  good  of 
others,  and  endeavoring  to  elevate  ourselves,  and  to  act  wor- 
thily the  part  assigned  us  in  life.  The  Scriptures  do  more ' 
they  speak  to  us  with  authority,  as  a  voice  from  heaven  ;  they 
speak  to  the  heart ;  they  speak  to  us  as  immortal  beings,  ac 
countable,  for  every  action,  word  and  thought,  to  our  Creator 

Pahtfs  Moral  Philosophy.  The  only  work  upon  moral  phi 
losophy,  which  has^extensive  circulation,  and  which  is  level  to 
die  comprehension  of  common  readers,  is  the  Moral  Philosophy 
of  Dr.  Paley,  This  work,  like  all  others  of  the  same  author,  is 
remarkable  for  its  clearness,  and  the  apposite  and  natural  man- 
ner in  which  it  illustrates  principles.  But  it  cannot  be  recom*- 
mended  without  a  warning  to  the  reader  to  beware  of  being 
misled  by  the  principle,  upon  which,  as  a  foundation,  the  system 
of  Dr.  Paley  is  built.  This  is  the  principle  of  expediency.  Dr 


23  APPENDIX. 

Paley  says,  "  Whatever  is  expedient,  is  right."  But,  then,  it 
*'  must  be  expedient  on  the  whole,  at  the  long  run,  in  all  its  ef- 
fects, collateral  and  remote,  as  well  as  in  those  which  are  im- 
mediate and  direct."*  Now,  this  is  undoubtedly  true,  to  a  being 
capable  of  estimating  all  effects,  direct  and  indirect,  collateral 
and  remote,  through  all  time,  and  upon  all  beings, — and  to  such 
zi  one  alone.  No  person  can  safely  act  upon  this  principle,  in 
questions  of  right  and  wrong,  but  one  who  can  take  into  view 
the  boundless  future.  Now,  it  need  not  be  proved  that  none 
Imt  God  has  this  perfect  foreknowledge ;  no  one  else  can,  there- 
fore, safely  act  upon  the  principle  of  expediency. 

With  this  exception,  and  one  or  two  others,  the  morality  of 
Dr.  Paley  is  the  morality  of  the  Gospel ;  and  he  constantly  en- 
forces his  principles  by  quotations  from  thence,  and  has  been 
guided  throughout  by'light  borrowed  from  the  Gospel. 

The  substance  of  this  chapter  may  be  summed  up  in  a  few 
words : — 

1.  The  first  of  physical  blessings  is  health  of  the  body.     This 
depends  on  temperance  and  exercise.     "  Keep  your  head  cool 
by  temperance,  and  your  feet  warm  by  exercise,"  was  the  rich 
lesson  of  a  life  devoted   to   the   practice  of  the  healing  art. 
Health  and  activity  of  mind  are  the  greatest  good  of  an  intel- 
lectual being,  and  the  best  possession  of  a  moral  being  is  a  good 
conscience.     Hence  the  most  important  personal  duties  are. 
temperance,  faithful  cultivation  of  the  faculties,  and  self-respect, 
or  reverence  for  the  dictates  of  conscience. 

2.  For  a  large  part  of  our  present  life,  we  must  associate 
with  our  brethren  of  the  human  race,  receive  good  from  them, 
in  numberless  ways,  and  be  dependent  on  them  for  much  of  our 
happiness.     We  are  bound  to  pay  back  this  debt,  and  add  what 
we  can  to  the  great  sum  of  good  and  happiness,  by  rendering 
ourselves,  according  to  our  powers,  agreeable  and  useful.     To 
these  ends-  truth  and  charity  are  most  of  all  essential — truth, 
which  is  always  safe,  brave  and  generous,  while  falsehood  is 
uncertain,  cowardly  and  mean — and  charity,  which  is  the  soul 
of  whatever  is  disinterested  and  benevolent,  in  deed,  or  word, 
or  outward  show.     We  must,  therefore,  be  true  to  all,  and  at  all 
times  ;  and  let  our  charity  embrace  all  upon  whom  the  light  of 
the  sun  is  shed,  that  we  may  be  perfect  in  our  social  duties. 

3.  We  must  spend  the  whole  of  our  existence,  and  that  with- 
out end,  in  the  presence  of  God.     We  ought,  therefore,  to  study 
to  secure  his  favor.     This  can  only  be  done  by  obeying  his 
commandments,  the  first  of  which  conveys  a  principle  estab- 
lishing the  most  momentous  and  comprehensive  of  human 
duties. 

*  Paley's  Moral  Philosophy,  Book  II.,  Chapter  VIII. 


READING  FOR  LEISURE  HOURS.  Zl 

CHAPTER  VI. 

Reading  for  Leisure  Hours. 

YOUNG  men,  in  this  country,  so  often  begin  their  studies  un- 
der great  disadvantages,  and  without  any  well  qualified  person 
to  direct  them  to  the  most  important  objects  and  the  ino.st  use 
ltd  authors,  that  it  is  thought  a  few  suggestions,  as  to  the  em- 
ployment of  their  leisure  time,  will  not  be  useless.  The  hours 
spent  in  school  will,  probably,  be  faithfully  occupied  with  we!! 
chosen  studies.  But  even  when  this  is  done,  the  long  morn- 
ings of  summer,  and  the  evenings  in  winter,  rainy  days  in  vaca- 
tion, and  the  heavy  time  between  the  preparation  of  a  plan  of 
amusement  and  the  execution,  offer  many  a  golden  hour  of 
leisure,  which  may  be  freely  given  to  reading,  and  which,  thus 
employed,  will  "  sweeten  liberty"  whenever  it  comes. 

The  intention  of  the  few  observations  which  I  shall  make, 
and  which  the  narrow  limits  of  an  appendix  will  oblige  me  to 
make  very  brief,  is  to  point  out  sources  of  information,  by  means 
of  which  the  young  will  be  enabled, 

1.  To  avail  themselves  of  the  advantages  by  which  they  arc 
surrounded  in  early  youth,  particularly  in  the  country  ;  2.  to 
lay  a  foundation  for  future  reading,  and  to  understand  better 
what  they  shall  read  ;  3.  to  form  the  habit  of,  and  obtain  mate- 
rials for,  thought  and  reflection ;  4.  to  derive  the  greatest  ad- 
vantage from  the  opportunities  which  are  offered  in  the  higher 
seminaries  of  education  and  in  the  world. 

One  of  the  most  delightful  and  useful  means  of  relaxation 
from  severe  study,  which  can  be  afforded  to  a  thoughtful  person, 
at  any  age,  is  found  in  natural  history.  This  directs  the  atten- 
tion to  numberless  curious  objects  in  the  vegetable  creation, 
and  in  the  appearance  and  habits  of  animals.  The  opportuni- 
ties for  observing  them  are  more  frequent,  and  the  means  often 
more  accessible,  in  youth,  than  afterwards.  Smellie'is  Philoso- 
phy of  Natural  History  has  the  effect  of  opening  the  eyes  of  the 
young  to  the  wonders  of  the  world  in  which  they  live,  and  of 
showing  how  many  opportunities  of  receiving  instruction  and 
improvement  are  continually  offered  them,  even  in  situations 
the  least  promising.  Very  interesting  works  upon  nqiiiral  his- 
tory will  be  found  in  the  Library  of  Entertaining  Knowledge, 
a  work  which,  on  other  subjects  as  well  as  this,  fully  deserves 
the  title  which  has  been  given  it. 

The  operations  of  nature,  on  a  large  scale,  are  carried  on  in 
conformity  with  the  laws  of  chemistry;  and  a  knowledge  of  this 
science  renders  a  great  many  operations,  which  are  constantly 
going  on,  unheeded,  before  us,  intelligible,  and,  consequently, 
most  interesting  and  delightful.  Such,  for  instance,  are  the 
processes  of  freezing,  combustion  and  breathing.  Before  we 
understand  them,  they  arc  apt  to  excite  no  attention,  but  to  be 
IG 


24  APPENDIX. 

viewed  as  matters  of  course  ;  when  once  understood,  they  im- 
mediately strike  us  with  their  beauty,  and  always  after  are 
viewed  with  interest.  In  passing  through  a  thick  forest,  one  is 
sometimes  inclined  to  think,  that  the  best  means  are  not  used 
for  conveying  moisture  to  the  roots  of  trees,  as  we  frequently 
see  earth  just  at  the  foot  of  a  tree  dry,  while  every  thing  is 
moist  at  a  little  distance.  The  extended  branches,  while  they 
afford  a  place  of  refuge  from  the  storm,  to  man  and  the  larger 
animals,  seem  to  turn  off  to  a  distance  the  genial  drops  which 
are  descending  upon  them  for  their  nourishment.  The  truth 
is,  the  moisture  is  admitted  to  the  ground  just  at  the  distance  at 
which  it  is  wanted;  and  this  is  one  instance  among  thousands, 
that  the  provisions  of  nature  are,  in  reality,  wisest,  where  they 
seem  to  be  most  defective.  There  is  not  time,  in  this  place,  to 
add  examples  ;  those  mentioned  are  such  as  are  most  likely  to 
occur  to  a  person  who  has  read  the  Conversations  on  Chemis- 
try, and  on  Botany,  which  have  been  before  and  are  again  rec- 
ommended. We  may  also  add  Conversations  on  Natural  Phi- 
losophy, which,  although  superficial,  are  very  clear  and  satis- 
factory, as  far  as  they  go. 

But  of  all  the  wonderful  parts  of  the  Creator's  works,  none 
is  more  so  than  the  human  body.  This  is  treated  of,  with  ad- 
mirable clearness  and  success,  in  a  work  in  which,  from  its  title, 
a  young  reader  would  be  least  likely  to  look  for  it — Paley's 
Natural  Theology. 

From  the  world  without,  a  young  person  of  inquisitive  mind 
will  be  often  tempted  to  turn  inwards  his  thoughts,  to  that  which 
is  within  his  own  mind.  And,  in  tracing  and  cultivating  Iris 
various  faculties,  he  will  receive  aid  from  a  little  work,  called 
Watts  on  the  Mind,  or  from  Mason  on  Self-Knowlcdge. 

However  beautiful  and  interesting  the  world  around  us  is,  the 
most  beautiful  and  interesting  object  in  it  is  man.  We  are 
men,  and  whatever  concerns  our  brethren  of  the  human  family 
is  interesting  to  us.  To  a  young  person,  what  relates  to  indi- 
viduals is  more  attractive  than  the  history  of  nations ;  biogra- 
phy, therefore,  or  the  lives  of  eminent  men,  is  one  of  the  most 
entertaining,  as  well  as  one  of  the  most  useful,  kinds  of  reading. 

Our  own  country  offers  two  lives  for  the  instruction  of  tho 
race.  The  Life  of  Washington  and  of  Franklin  should  be  fa- 
miliar to  every  American,  from  his  earliest  years.  Among  the 
ancients,  there  is  no  life  like  Washington's. 

But  among  them  are  glorious  names,  which  will  excite  the 
young  to  great  purposes  and  lofty  deeds.  Many  of  these  have 
been  handed  down  to  us  by  Plutarch,  whose  "Lives"  should,  at 
some  period,  be  read  by  every  person,  and  are  to  none  more 
acceptable  than  to  the  young.  The  Life  of  Howard  is  of  a 
higher  kind  than  any  of  these  ;  so  is  Southey's  Life  of  John 
Wesley.  The  Life  of  Henry  K.  White  is  the  life  of  a  poet  and 
a  Christian.  living's  Life  of  Columbus  is  written  by  an  Amer- 
ican, for  Americans.  Parts  of  it  have  all  the  interest  of  romance. 


READING  FOR  LEISURE  HOURS.  25 

History  is  a  study  of  great  and  permanent  interest.  "  Not  to 
know  what  was  before  you  were,  is  to  be  always  a  child."  It 
cannot  be  begun  too  soon.  It  can  never  be  exhausted.  The 
beginning  of  human  history,  as  the  foundation  of  man's  hopes, 
is  found  in  the  Bible.  Every  thorough  course  of  history  begins 
with  this  sacred  volume. 

The  history  of  our  own  country,  as  it  is  most  important,  so  is 
it  most  interesting  to  us.  Robertson's  America  is  the  first 
book  to  be  read  upon  our  history ;  but  it  is  only  in  writings 
which  were  published  after  his  death,  that  Dr.  Robertson  enters 
upon  the  history  of  that  portion  of  the  continent  which  we 
call  our  own  country.  Adams's  New  England  is  short,  but 
faithful.  Willard's  Republic  of  America  recommends  itself 
by  the  excellent  apparatus  of  maps,  by  which  it  is  accom- 
panied. Marshall's  Life  of  Washington  is  a  large  work,  but 
well  worth  reading  through,  and  of  the  highest  authority.  The 
first  part,  upon  the  early  history  of  America,  has  been  published 
separately. 

The  histories  of  particular  states  are  numerous,  and  some  of 
them  excellent.  Belknap's  History  of  New  Hampshire  deserves 
a  high  place.  Williams's  Vermont,  and  Sullivan's  Maine,  are 
interesting  to  others  as  well  as  the  citizens  of  those  states. 
Hutchinson,  Minot  and  Bradford  are  the  historians  of  Massa- 
chusetts. Trumbull  is  that  of  Connecticut.  Tudor's  Letters 
on  the  Eastern  States  will  make  known  much  which  is  desira- 
ble to  be  noticed.  His  Life  of  James  Otis  is  one  of  the  best 
lives  that  have  been  written  in  America.  The  "Foresters" 
may  be  read  for  the  amusement  of  a  leisure  hour,  and  serve  to 
fix  in  the  memory  some  of  the  events  of  history.  Flint's  TravelH 
and  Residence  in  the  Valley  of  the  Mississippi  contains  much 
valuable  information  in  regard  to  that  country.  His  Geography 
is  larger,  and  still  more  valuable. 

History  receives  an  additional  charm,  when  it  is  made  to  turn 
on  the  fortunes  of  an  individual.  Such  is  the  case  with  Rob- 
ertson's Charles  V. ;  Aikin's  Memoirs  of  Elizabeth,  and  of 
James  I. ;  Scott's  Napoleon  ;  Belknap's  Biography. 

It  would  be  going  too  far,  to  lay  down  a  course  of  history  for 
every  foreign  and  ancient  nation.  English  history,  as  most 
connected  with  American,  is  of  the  first  interest ;  Grecian  and 
Roman,  respectively,  show  the  genius,  and  the  extent  of  power, 
of  those  two  nations.  Tytler's  History,  or  Worcester's,  will 
point  out  what  portions  of  the  history  of  the  world  are  most 
deserving  of  study,  and  to  what  points  the  reader's  attention 
should  be  directed.  The  same  end  will  be  accomplished  by 
Whelpley's  Compend  of  History  ;  and  one  of  these,  or  a  sim- 
ilar work,  should  be  repeatedly  read,  to  give  a  correct  idea  of 
the  order  of  the  great  events  of  history.  The  history  of  Greece, 
Rome  and  England  may  be  read  in  the  volumes  of  Goldsmith. 
That  of  England  by  Sir  James  Mackintosh  is  now  in  a  course 
of  publication,  and,  to  judge  from  what  has  already  appeared, 


APPENDIX. 

is  more  valuable  than  any  other  short  history  of  that  country. 
Young  readers  will  be  attracted  by  Scott's  Tales  of  a  Grand- 
father. The  present  state  of  Europe  may  be  learned  from  a 
work  called  "Europe,"  and  much  concerning  America  from 
"lie  called  "America,  by  a  citizen  of  the  United  States." 
Terkins's  Historical  Sketches  of  the  United  States  contain 
ti  full  and  clear  history  of  events  from  1815  to  1830.  A 
knowledge  of  geography  is  essential  to  the  right  understanding 
of  history.  Malte-Brun's  Geography  is  a  large  work,  contain 
ing  a  vast  deal  of  information  upon  all  the  countries  of  the 
world.  Male's  Geography  has  the  advantage  of  being  very  re- 
cent, illustrated  by  sixty  maps,  very  correct,  and  cheap.  There 
are  many  other  excellent  treatises  on  geography,  too  well 
known  to  need  to  be  mentioned. 

Towards  accomplishing  that  most  important  but  difficult  ob- 
ject, the  writing  of  themes,  much  valuable  assistance  will  be 
found  in  Newman's  Rhetoric.  All  the  books  which  have  been 
recommended  will  afford  materials,  and  to  these  you  may  add 
the  Adventurer,  the  Spectator,  the  Rambler,  the  Sketch  Book, 
and,  in  short,  any  book  which  presents  ripe  and  pleasant 
thoughts,  agreeably  expressed. 

Any  one  who  wishes  for  a  selection  of  beautiful  passages  in 
poetry,  from  the  best  poets  in  the  language,  is  referred  to 
Cheever's  Studies  in  Poetry.  Young  readers  are  apt  to  be  more 
pleased  with  Scott's  Poems  than  with  any  other ;  and  if  they 
begin  with  the  Lady  of  the  Lake,  and  have  any  natural  taste 
lor  poetry,  they  may  easily  become  lovers  of  poetry.  There 
maybe  some  among  our  readers,  so  young  as  not  to  have  heard 
that  Shakspeare's  plays  and  Milton's  poems  are  among  the  best 
of  all  poetry.  Whatever  has  been  written  in  this  way  by  Gold- 
smith, Gray,  Wordsworth,  Bryant,  may  be  safely  read,  and 
will  form  a  true  taste. 

As  much  may  be  said  for  the  following  writers  in  prose — 
Scott,  Johnson,  Addison,  Burke,  Edgeworth,  II.  More,  Frank- 
lin— and,  indeed,  of  many  others.  Most  of  Miss  Edgeworth'a 
writings,  beginning  with  the  Parent's  Assistant,  are  particularly 
suited,  and  particularly  delightful,  to  the  young. 

Voyages  and  travels,  and  books  on  geography,  are  a  never- 
failing  source  of  the  best  and  most  rational  amusement.  In  re- 
gard to  what  is  safe  and  what  is  dangerous  reading,  no  better  rule 
ran  be  given  than  that  which  the  excellent  -mother  of  John 
Wesley  gave,  to  enable  him  to  judge  of  the  lawfulness  or  un- 
lawfulness of  pleasure  : — "Whatever  weakens  your  reason,  im- 
pairs the  tenderness  of  your  conscience,  obscures  your  sense  of 
God,  or  takes  off  the  relish  of  spiritual  things — in  short,  what- 
ever increases  the  strength  and  authority  of  3^our  body  over 
your  mind — that  thing  is  sin  to  you,  however  innocent  it  maybe 
in  itself." 


QUESTIONS 


POLITICAL  CLASS  BOOK. 


Sections. 

WHAT  knowledge  does  reason,  or  the  light  of  nature,  impart?  1.  2. 

What  inference  does  reason  draw,  as  to  the  Author  of  crea- 
tion ? 3. 

From  what  authority  are  mankind  made  to  know,  certainly, 

what  reason  cannot  teach  ? 4 . 

In  what  manner  do  we  get  knowledge  ? 5. 

How  does  the  mind  act  on  impressions  made   through  the 

senses  ?..... 6. 

What  are  the  powers  of  the  mind  ? 6. 

What  is  that  faculty  which  distinguishes  man  from  all  other 

animals  P 7. 

By  what  means  are  thoughts  preserved  and  transmitted  ? 8. 

Are  there  any  cases,  in  which  men  act  under  the  expectation 

of  consequences  which  are  uncertain  ? 9.  10. 

Are  there  differences  in  the  qualities  of  individuals ;  and  what 

are  the  effects  of  cultivation,  or  neglect  ? 11.  12. 

What  is  intended  to  be  taught  by  this  volume  ? '     13.' 

Has  the  Creator  enabled  mankind  to  learn  the  laws  which 

govern  their  individual  ^and  social  being  ? 14. 

What  is  the  duty  implied  in  the  gift  of  reason  ? 15. 

What  does  reason  teach  as  to  social  duty  ? 16. 

What  is  the  foundation  of  society  ? 17. 

How  do  rules  of  action  and  customs  arise  ? 18. 

What  was  the  first  social  state  of  mankind  ? 19. 

How  did  the  division  of  labor  arise  ;  and  what  is  the  common 

measure  of  the  products  of  labor  ? 20. 

Whence  does  money  come,  and  how  used  ? 21. 

Whence  comes  the  value  of  metals,  used  as  money  ? 22. 

What  occasions  subdivision  of  labor,  and  increase  of  popula- 
tion and  of  wealth  ? 23. 

Whence  comes  the  necessity  of  laws  to  govern  society  ? 24. 

What  is  one  consequence  01  society,  and  what  is  the  best  con- 
dition of  society  ? 25.  26 

What  have  been  the  most  usual  forms  of  government ;  and 

what  is  despotism  and  tyranny  ? 26.  27. 

What  is  oligarchy,  and  how  arising  ? 28. 

What  was  the  usual  form  of  government  in  the  middle  ages.  ?  .  29. 

What  is  a  mixed  monarchy,  and  where  existing  ?« 30. 

What  is  a  commonwealth  ? v 31. 

16* 


S8  QUESTIONS  ON  THE 

Sections. 

What  is  democracy ;  and  what  are  our  governments  ? 32 

What  is  the  difference  between  other  governments  and  our 

own  ? 33. 

What,  and  how  derived,  is  the  English  constitution  ;  and  what 

is  meant  by  constitutions  in  republics  ? 34. 

What  do  our  constitutions  provide  for  ? 35. 

What  is  the  excellence  of  our  constitutions  ? 36. 

What  was  intended  by  the  constitution  of  Massachusetts  ?  ..  37. 
What  is  a  corporation ;  and  how  does  the  word  apply  to  the 

state  of  Massachusetts  • 33. 

Under  what  circumstances  was  our  constitution  framed,  and 

when  was  it  revised  ? 39. 

What  is  a  revolution  ? 40. 

What  chano-e  was  effected  by  the  revolution  in  Massachu- 
setts ? 4J . 

What  are  the  mutual  relations  of  rulers  and  citizens  ? 42. 

Where  does  sovereignty  reside ;  and  in  what  manner  does 

this  power  act ;  and  what  is  a  town,  politically  ? 43. 

How  is  a  town-meeting  warned  and  held  ? 44. 

What  are  the  next  corporate  divisions  to  towns  ? 45. 

What  do  the  counties  together  constitute  ? 40. 

In  what  manner  does  the  law-making  and  executive  power 

arise  ? 47. 

Is  there  any  distinction  among  those  who  may  vote  in  town 

and  in  state  affairs  ? 48. 

How  is  the  city  of  Boston  organized,  relatively  to  towns  ? . . .  40. 

Mow  is  justice  administered  in  this  city  ? 50. 

What  is  the  Municipal  Court  in  Boston  ? 51 . 

What  is  the  office  and  duty  of  mayor  ? 52. 

What  is  the  General  Court  ? 53. 

What  are  senators,  and  how  chosen  ? 54. 

What  is  a  convention,  and  for  what  purpose  held  ? 55. 

What  are  representatives,  and  how  chosen  ? ^  .....  56. 

Is  the  number  of  representatives  too  many  ? *    57. 

What  title  have  senators  ? 58. 

How  is  the  legislature  organized  ? 50. 

How  are  legislative  acts  passed  ? CO. 

What  is  done  by  the  governor  when  an  act  has  passed  the 

legislature  ? 61. 

What  is  meant  by  a  /««?,  and  what  by  a  statute  ? (51 . 

What  is  the  limit  to  the  law-making  power  ? 62. 

How  is  a  law  repealed,  or  annulled,  if  wrong  ? 63. 

W.'yit  laws  were  kept  in  force  on  the  adoption  of  the  consti- 

t  ition  ? 64. 

Wl  at  is  the  common  law  ? 65 . 

What  is  the  governor's  duty,  as  to  the  legislature  ? 66 

In  what  way  can  citizens  distinguish  themselves  in  legisla- 

ti  \re  assemblies  ? 67. 

Where,  and  in  what  manner,  are  town  officers  chosen  ? 68. 

How  are  town-meetings  conducted  ? 

Ho-  v  is  voting  for  officers  conducted  ? 70. 

Wh  at  are  the  powers  of  towns  ? 

Bj>  what  authority  are  taxes  assessed  ? 72. 

What  is  taxable  ?• 73. 

Ho\v  ia  tho  ratio  of  taxation  settled  ?. . . , 74. 


POLITICAL  CLASS  BOOK.  20 

Section* 

How  is  it  known  what  tax  a  town  is  to  pay  ? 75. 

On  what  authority  are  state  and  county  taxes  called  for  ?  ....  75. 

How  are  taxes  collected  ? 76. 

What  is  the  consequence  of  erroneous  taxation  ? 77. 

What  is  the  meaning  of  assessor  ? 77. 

What  constitutes  the  executive  branch  ? 78 

How  are  the  governor  and  lieutenant-governor  chosen,  and 

how  is  the  governor  styled  ? - 79. 

How  is  the  lieutenant-governor  styled,  and  how  are  the  coun- 
cil chosen  ? 80 

What  are  the  governor's  power  and  duty  ? 81. 82 

What  is  the  duty  of  the  lieutenant-governor  ? 83- 

What  relation  has  the  executive  to  the  University  ? 84. 

What  officers  belong  to  the  governor's  military  rank  ? 85, 

How  is  the  treasurer  of  the  state  chosen,  and  what  are  his  du- 
ties ? 80. 

How  is  the  secretary  of  the  commonwealth  chosen,  and  what 

are  his  duties  ? 87 

Who,  of  the  above-mentioned  officers,  are  always  on  duty,  and 

who  of  them  are  not  ? 88. 

What  is  the  nature  of  the  judiciary  department  ? 89 

How  are  citizens  affected  by  the  exercise  of  power  in  this  de- 
partment ? 90. 

In  what  light  did  the  framers  of  the  constitution  regard  the 

judiciary  ? 91 . 

What  courts  are  there  in  Massachusetts  ? 92. 

How  many  counties  are  there  in  the  state  ? 93. 

What  are  counties  and  shire  towns ;  and  what  arc  the  officers, 

powers  and  duties  of  counties  ? 94 

What  is  a  county  treasurer  ? 95. 

What  is  the  lowest  judicial  power  ? 9€. 

What  are  the  powers  of  justices  of  the  peace  ? 97. 

What  is  meant  by  a  recognizance  ? 98. 

What  is  meant  by  bail  ? 99. 

"N  >'  hat  civil  actiuis  can  justices  try  r 100. 

Whence  arise  the  powers  of  justices  ? 101 . 

In  what  manner  can  justices  cause  offenders  to  be  arrested  ?  .  102. 

How  are  Courts  ot  Common  Pleas  held,  and  what  powers  has 

this  court  ? 103. 

What  appeal  lies  from  judgment  in  this  court  ? 104. 

What  is  the  manner  of  trials  in  this  court  ?  ...» 105. 

How  are  grand  juries  selected  ? 100. 

What  is  their  oath  of  office  ? 1C?. 

How  are  they  instructed  in  their  duties  ? 108. 

What  is  a  grand  jury's  duty  ;  and  what  is  an  indictment?. . . .  109. 

How  is  a  criminal  tried  in  the  Common  Pleas  ? 110. 

What  is  the  duty  of  a  jury,  if  the  guilt  is  doubtful ;  and  if  the 

accused  is  found  guilty,  what  is  the  duty  of  the  judge  ? 111 . 

Is  there  sufficient  protection  of  the  innocent  when  accused  ? . .  112. 

How  are  civil  causes  tried,  by  jury,  in  the  Common  Pleas  : . . .  lir>. 

What  is  an  attorney  ? /;••••. 113- 

How  are  questions  of  law  disposed  of  in  this  court,  and  what 

is  the  execution  of  a  judgment  ? 114. 

What  is  the  Supreme  Judicial  Court  ? 115. 

How  do  causes  come  before  this  court  ?  . .             116. 


3D  QUESTIONS  ON  THE 

What  is  the  law  term  of  this  court,  and  what  are  reported 

cases? 117. 

What  punishments  are  lawful  in  this  state  ? 118, 

What  is  the  character  of  this  court  ? 119. 

What  powers  has  it,  besides  those  mentioned  ? 120. 

What  is  a  capital  trial,  and  how  is  the  prisoner  brought  before 

the  court  ? , 121. 

What  is  an  arraignment  of  a  prisoner  ? 122. 

What  is  the  course  of  proceedings  on  the  day  of  trial  ? 123. 

What  is  the  duty  of  the  attorney  and  the  solicitor  general  in 

such  trial?  124. 

What  is  the  duty  of  counsel  in  such  trial  ? 125. 

How  are  the  jury  instructed  in  their  duty,  and  what  are  they 

to  do? 126 

What  is  the  manner  of  returning  a  verdict  for,  or  against,  the 

prisoner  ? 127. 

What  is  the  manner  of  condemning  to  death;  and  by  what 

authority  is  the  sentence  executed  ? 128. 

What  is  the  condition  of  a  condemned  prisoner  ? 129. 

What  is  a  Probate  Court,  and  its  power  ? 130. 

How  is  a  will  proved  ? 131. 

What  is  granting  administration  ? 132. 

What  is  insolvency  ? 133. 

What  is  the  course  of  proceedings  in  this  court,  and  what  ap- 
peal lies  from  its  decrees  ? 134. 

Who  are  affected  by  probate  decrees  ? 135. 

What  provision  is  there  for  removing  judicial  officers  ? 13G. 

In  what  department  is  the  power  of  impeachment  vested,  and 

how  is  an  impeachment  tried  ? 137. 

How  do  the  constitutions  of  other  states  differ  from  each 

other  ? 138. 

What  is  the  constitution  of  the  state  of  Maine  ? 139. 

What  is  the  constitution  of  the  state  of  New  Hampshire  ?  ....  140. 
What  is  the  constitution  of  the  state  of  Massachusetts,  in 

things  not  before  noticed  ? 141 . 

What  is  the  constitution  of  the  state  of  Vermont  ? 142. 

What  is  the  constitution  of  the  state  of  Connecticut  ? 143. 

What  is  the  government  of  Rhode  Island  ? 144. 

What  is  the  constitution  of  New  York  ? 145. 

What  are  peculiar  provisions  of  this  ? 146. 

What  is  the  constitution  of  New  Jersey  ? 147. 

Pennsylvania  ? 148. 

Delaware  ? 149. 

Maryland  ? 150. 

Virginia  ? 151 . 

North  Carolina  ? 152. 

South  Carolina  ? 153. 

Georgia  ? 154 . 

Kentucky  ? 155. 

Tennessee  ? 156. 

Ohio  ? 157. 

Indiana  ? 158. 

Louisiana  ? 159. 

—  Mississippi  ? 160. 

Illinois? 161. 


POLITICAL  CLASS  BOOK.  31 

Sections, 

"What  is  the  constitution  of  Alabama  ? 162 

Missouri  ? 163. 

In  what  parts  of  the  United  States  does  slavery  exist,  and  in 

what  parts  not  ? 164. 

What  is  meant  by  voting,  and  universal  suffrage  ? 165, 

What  inference  may  be  drawn  from  comparing  the  constitu- 
tions of  states  ? 166. 

What  is  said  as  to  settlement  of  claims  against  states,  and  the 

United  States  ? 167. 

When  was  America  first  known  to  Europeans,  and  on  what 

principle  did  they  first  assert  a  right  to  the  soil  ? 168. 

What  was  the  second  ground,  on  which  the  right  was  as- 
serted ? 16.9 

What  has  been,  in  fact,  done  as  to  the  Indians  ? ,.  170. 

What  is  a  colony,  and  when  were  the  American  colonies  set- 
tled ? 171 . 

What  attempts  were  made  to  unite  the  colonies  ? 172. 

What  was  the  first  general  union  of  the  colonies  ? 173 

What  were  the  articles  of  confederation  ? 173 

What  is  meant  by  a  congress  ? 173- 

What  is  meant  by  sovereignty  9 173. 

What  is  the  meaning  and  application  of  federal  ? (note  to)  173. 

What  occasioned  the  forming  of  the  federal  constitution  ?. . . .  173. 

When,  and  by  whom,  was  the  Convention  held,  for  framing 

the  Federal  Constitution  ? 174, 

What  was  General  Washington's  opinion  on  the  necessity  of 
forming  such  constitution ;  and  why  ought  the  union  of  the 

states  to  be  preserved  ? 175. 

Can  it  be  expected  that  dissatisfaction  will  not  arise  ;  but  is 

this  a  reason  for  disunion  ? 176, 

What  three  things  should  be  taken  into  view  in  estimating  the 

value  of  the  constitution  ? 177. 

In  what  different  lights  has  the  constitution  been  viewed  ?  . . .  178- 

What  is  now  held  to  be  its  true  construction  ? 179. 

How  are  acts,  done  by  the  state  authority,  viewed,  in  relation 

to  the  national  government  ? 180. 

What  was  the  state  of  things  when  the  constitution  was 

adopted  ? 181. 

By  whom  was  the  national  constitution  adopted  ? 182. 

What  is  the  general  nature  of  the  constitution  ? 183. 

What  do  the  state  and  national  constitutions,  respectively, 

provide  for  ? 184 . 

What  is  to  be  done,  if  the  national  government  errs,  or  if  the 

state  authority  opposes  it  ? 185. 

What  is  the  legislative  power  of  the  United  States  ? 186. 

How  many  representatives  may  there  be  ? 187. 

How  are  representatives  apportioned  in  slave-holding  states  ? .  188. 

What  is  the  right  of  representation  in  slave-holding,  and  in 

non-slave-holding,  states  ? 189. 

What  is  a  census,  and  why  taken  ?  . . .  J 190. 

What  is  the  number,  usually  intended  to  form  the  House  ? ...  191. 

How  are  representatives  chosen  ? 192. 

How  is  the  Senate  composed  and  chosen  ? 193. 

What  are  the  powers  of  the  Senate  ? 194. 

Who  presides  in  the  Senate  ? 19'"> . 


32  QUESTIONS  ON  THE 

Section:*. 

On  what  subjects  can  Congress  make  laws  ? 190, 

What  is  the  power  of  Congress  in  relation  to  the  moneyed 

currency  ? 1 07. 

What  are  powers  of  Congress  as  to  naturalization  ? 198. 

bankruptcies  ? 190. 

patents? 200. 

copy-rights  ? 201 . 

public  debt? 202. 

post-office  ? 20.'*. 

regulation  of  commerce  ?.  204. 

weights  and  measures  ? . .  205. 

In  what  manner  does  Congress  raise  money  ? 20(5. 

What  money  is  commonly  sufficient  to  defray  the  expenses  of 

the  United  States  ? 207. 

How  is  money  raised  from  the  importation  of  merchandise  ?. .  208. 

What  is  smuggling,  and  how  punished  ? 201*. 

Into  what  place  is  the  money,  raised  for  the  United  States, 

paid  ? 210. 

How  is  the  money,  so  raised,  paid  out,  for  public  uses  ? 211 . 

Has  the  House  of  Representatives  power  to  impeach  ? 212. 

How  long  may  Congress  sit  ? 213. 

What  is  the  common  opinion  as  to  the  length  of  session  ?  ....  214. 

What  is  the  executive  power  of  the  United  States  ? 215 

l)y  whom  are  electors  chosen  ? 216. 

What  are  the  different  modes  of  choosing  electors  ? 217 

How  do  electors  choose  president  and  vice-president  ? 218. 

What  are  the  president's  compensation,  powers  and  duties  ?. .  219. 

1  Live  civil  officers  any  titles  ? 219. 

What  are  the  executive  departments  ? 220 

What  power  has  the  president  over  these  ? 221 

What  are  the  duties  of  these  departments  ? 222 

What  is  the  duty  of  the  attorney  general  ? 223. 

What  is  the  duty  of  the  secretary  of  state  ? 224. 

What  is  diplomacy  ? 225. 

How  are  the  United  States'  officers  paid  ? 220. 

Has  the  president  a  council  ? 227. 

What  was  General  Washington's  practice  ? 228. 

Who  constitute  the  cabinet  ? 229. 

Where  is  the  vice-p~esident's  place  ? 230. 

What  is  said  of  a  home  department  ? 231 . 

How  are  judicial  districts  formed,  and  what  is  the  power  of 

the  District  Courts  ? 232. 

How  are  circuits  formed,  and  by  whom  are  Circuit  Courts 

held? 233. 

What  are  the  powers  of  Circuit  Courts  ? 234. 

What  is  the  power  of  this  court,  in  criminal  cases  ? 235. 

Where  are  the  proceedings  of  this  court  revised  ? 236. 

Has  it  exclusive  power,  or  concurrent  with  state  courts  ?  ....  237. 

How  is  the  Supreme  Court  of  the  United  States  composed  ?. .  238. 

What  power  has  this  court  oVer  state  courts  ? 239. 

How  are   causes   conducted   in   the   Supreme    Court  of  the 

United  States  ? 240. 

What  is  the  relative  state  of  nations  ? 241 

What  is  war  ? 242. 

Whence  arises  the  necessity  of  having  an  armed  force  ? 243 


POLITICAL  CLASS  BOOK.  33 

Section*. 

What  is  the  armed  force  of  the  United  States  ? 244 . 

If  a  minor  enlists  in  the  army,  how  can  ho  be  discharged  ?  . . .  244. 

What  is  meant  by  habeas  corpus  ? 244 . 

How  is  the  militia  force  arranged,  under  the  constitution  of 

the  United  States  ? 245. 

What  power  is  given  to  the  United  States  as  to  the  militia  ? . .  24C. 

What  power  is  reserved  to  the  states  ? 247. 

How  is  the  power  of  the  states  exercised,  as  to  the  militia  •>. . .  248. 

What  different  opinions  are  entertained  as  to  the  militia  ? 240. 

Why  has  it  been  supposed  that  the  law  of  nations  cannot  be 

made  intelligible  to  every  one  ? 250. 

What  do  natural  and  revealed  law  require  ? 201 . 

What  similarity  is  there  between  natural  law,  among  individ- 
uals, and  the  law  of  nations  ? 252. 

In  what  manner  have  authors  treated  of  the  iaw  of  nations  : . .  25". 

How  is  the  law  of  nations  divided  ? 254 . 

What  is  stated  as  to  matters  of  opinion  ? 255 

What  is  customary  law  of  nations  ? 25G. 

Whence  arising  ? 257. 

What  is  meant  by  ambassador  ? 258. 

What  are  his  duties  and  privileges  ? 259. 260. 

What  is  an  envoy  ? 26J . 

What  is  a  plenipotentiary  ? 262. 

What  diplomatic  officers  are  sent  by  the  United  States  ? 263. 

How  are  diplomatic  officers  classed  ? . .  263. 

How  are  treaties  made  ? 264.  265. 

What  are  consuls  ? '. 266. 

By  what  part  of  the  law  of  nations  are  the  community,  in  gen- 
eral, most  affected  ? 267. 

What  are  wars,  offensive  and  defensive  ? 268. 

What  was  the  character  of  ancient  war  : 269. 

How  was  ancient  war  carried  on  ? 270. 

What  was  the  besieging  of  cities  ? 271 . 

How  are  battles  conducted,  since  the  invention  and  use  of 

gunpowder  ? 272. 

How  is  war  conducted  on  the  ocean  : 273. 

What  are  privateers  ? 274. 

How  do  captors  proceed  with  prizes  ? 275. 

What  are  nations  at  war  called  ;  and  what  are  neutrals,  and 

how  affected  ? 27G. 

Can  neutrals  carry  the  goods  of  belligerents  ? 277. 

What  is  meant  by  covering  belligerents'  goods  ? 273. 

What  is  a  blockade  ? 279. 

What  difficulties  arise  on  the  question.  What  is  lawful  trade 

for  neutrals,  in  time  of  war  ? 280. 

What  is  departure  from  neutral  character  ? 281. 

Has  a  belligerent  a  right  to  take  its  native  subjects  out  of 

neutral  ships  P 282. 

What  have  nations  done  as  to  defining  neutral  rights,  by 

treaty  ? 283. 

How  may  war  begin  ? 284. 

What  may  be  inferred  from  the  foregoing  remarks  on  the  law 
of  nations  ? 285—288. 

What  is  real,  and  what  is  personal  property  ? ,  289. 


34  QUESTIONS  ON  THE 

flections 

\Vhat  are  the  different  kinds  of  real  estate  ? 290. 

"What  may  the  owners  of  real  estate  do  with  it  ? 291. 

How  may  real  estate  be  acquired  ? 292. 

What  is  evidence  of  owning  personal  estate  ? 293. 

Who  may  contract,  and  on  what  subjects  ? 294. 

What  are  express  and  implied  contracts  ? 295. 

What  is  the  difference  between  contracts  in  a  moral  and  in  a 

legal  view  ? 2%. 

What  contracts  may,  or  may  not,  be  made  ? 297. 

[  low  are  contracts  made  ? 298. 

What  is  evidence  of  a  contract  ? 299. 

I  low  must  contracts  be  proved  ? 300. 

Mow  does  the  failure  of  justice  sometimes  arise  ? 301. 

What  neglect  of  parties  gives  occasion  for  suits  ? 302. 

1 11  what  manner  may  controversies  be  settled  ? 303. 

How  many  kinds  of  banks  are  there  ? 304. 

What  is  a  bank  of  deposit  ? 305 

What  is  a  bank  of  deposit  and  discount  ? 3015. 

What  is  a  bank  of  deposit,  discount  and  circulation  ? 307. 

How  are  banks  created  in  Massachusetts  ? 308. 

When  is  a  bank  said  to  be  broken  ;  and  how  are  stockholders 

liable  ? t 309. 

What  is  a  bank  tax  ?  dividends  ?  shares  ?  how  alienated  ?. . . .  310. 

What  arc  deposits  and  checks  ? 31 1 . 

What  arc  promissory  notes  ? 312. 

What  are  bills  of  exchange  ? 313. 

What  is  meant  by  protests  ? 313. 

What  arc  notaries  public  ? 314. 

What  is  an  insurance  company,  and  how  created  ? 315. 

What  is  a  mutual  insurance  company  ? 316. 

What  is  insurance  on  life  ? 317. 

How  arc  persons  classed,  and  what  are  minors  ? 318. 

What  are  adults  ? 319. 

Who  are  cruardians  of  minors,  and  what  contracts  can  minors 

make  ? 320. 

What  is  the   effect  of  a  promise,  after  age,  to  pay  a  minor's 

debt,  and  when  may  minors  be  wi*n^sses  ? 321. 

When  arc  nrnors  punishable  for  crimes  ? 322. 

Whm  estate  may  minors  own  ;  and  can  a  minor  make  a  will?  323. 

Has  a  minor  a  right  to  his  own  earnings  ? 324. 

When  docs  a  minor  arrive  at  full  age  '-. 325. 

How  may  minors  be  bound  out,  and  what  is  the  remedy,  if 

they  are  ill  used  ? 320. 

What  are  the  rights  of  male  adults  ? 327. 

What  is  the  right  of  a  husband  to  his  wife's  estate  ? 328. 

What  is  the  power  of  a  father  over  his  children  ? 329. 

What  are  the  power  and  duty  of  husbands  ;  and  what  is  a  wife's 

remedy,  if  not  provided  for  ? 330. 

What  remedies  have  they  for  wrongs  between  themselves  ?  . .  331. 

How  may  they  be  separated  ? 332. 

How  may  they  be  divorced  ? 332. 

What  is  a  principal  cause  of  divorce  ? 332. 

What  property  may  a  single  woman  own  :  and  what  may  she 

do  with  it ?...... I....  333. 

What  becomes  of  a  female's  property  if  she  marries  while  a  minor?  334 


POLITICAL  CLASS  BOOK.  35 

Sections. 
In  what  way  can  a  married  woman  part  with  her  estate,  or 

bar  herself  of  dower  ? 335. 

To  what  extent  can  a  husband  cut  off  his  wife  by  will  ? 33C. 

How  is  the  estate  of  an  intestate  distributed  ? 337. 

What  allowance  may  be  made  to  widows  ? 338. 

How  are  testate  and  intestate  estates  applied  ? 339. 

How  can  a  female  secure  estate  to  herself,  on  marriage  ? 340. 

What  is  such  contract  called,  and  what  may  it  contain  ? 341. 

Who  may  administer,  or  be  guardian  ? 342 

What  defects  are  there  in  female  education  ? 343. 

How,  and  for  whrt  purposes,  is  education  useful  ? 344. 

How  are  classes  distinguished,  and  what  are  laborers  ? 345. 

What  are  mechanics  ? 346. 

What  knowledge  should  they  have  ? 347. 348. 

What  is  manufacturing  ? 349. 

What  is  the  peculiar  characteristic  of  this  class  ? 350. 

What  are  merchants,  and  how  distinguished  as  a  class  ?. . .  .351.  352. 
What  is  the  fourth  class  of  persons,  and  how  divided  from 

others  ? 353. 

May  there  be  too  many  of  this  class  ? 354. 

What  is  the  fifth  and  last  class  ? 355 

What  is  to  be  done  as  to  choosing  employment  ? 356. 

What  is  the  farmer's  condition  ? 357. 

What  may  aid  in  mechanical  business  ? 358. 

What  is  necessary  for  a  merchant  ? 359. 

What  is  required  in  preparing  for  the  learned  professions  ?  ...  360. 

What  is  required  in  a  minister  of  religion  ? 361. 

What  is  required  in  the  medical  department  ? 362. 

What  is  required  in  the  law  department  ? 363. 

How  is  the  court  and  a  lawyer  connected  ? . .  -  364. 

What  is  the  Law  School  at  Cambridge  ? 365. 

What  taxation  is  lawful  for  religion  ? 366. 

What  is  religion  ? 367. 

What  is  the  foundation  of  Christian  faith  ? 368. 

What  part  of  the  Bible  did  Moses  write  ? 369. 

When  did  the  Christian  era  begin  ? 370. 

Where  did  the  Jews  dwell  ? 371. 

When  was  Jerusalem  destroyed  ? .„„...  371 . 

Through  what  time  does  Jewish  history  extend  ? 372. 

What  is  the  nature  of  the  books  of  the  Old  Testament  ?  . .  ^ . . .  373. 

What  is  the  Apocrypha,  in  the  Bible  ? 373. 

When,  and  by  whom,  was  the  New  Testament  written  ? 374. 

What  are  the  editions  of  the  Bible  now  in  use  ? 375. 

Why  were  the  early  Christians  persecuted  ? 376. 

When  did  the  first  union  of  state  and  church  occur  ? 377. 

What  is  the  meaning  of  bishop  ? 378 

Whence  came  the  dominion  of  the  pope  ? 379. 

How  did  the  Greek  and  Catholic  churches  arise  ? 379. 

How  did  the  reformation  begin  ? 380. 

What  were  some  of  the  consequences  of  this  event  ? 381 . 

Who  was  Calvin,  and  when  did  he  appear  ? 382. 

Who  was  Arminius  ? 383. 

When  did  England  separate  from  the  Roman  church  ? 384. 

What  is  meant  by  Protestant  ? 385. 

What  sects  have  arisen  since  the  reformation  ? 38G 

17 


36  QUESTIONS. 

Sections. 

What  is  religious  liberty  in  the  United  States  ? 387. 

What  may  be  the  effect  of  relioious  controversy  in  the  United 

States? i 388. 

Why  should  religious  education  be  attended  to  in  the  United 

States  ? 389 

What  is  the  effect  of  religious  education  ? 390 

What  were  the  motives  of  the  framers  of  the  constitution  of 

this  state,  in  this  respect  ? 391 

What  is  the  nature  of  an  oath  ? 392 

What  is  the  first  reason  why  the  Sabbath  should  be  respected?  393. 

What  is  the  second  reason  why  the  Sabbath  should  be  re- 
spected ? 393. 

What  is  the  extent  of  legislative  power,  as  to  the  Sabbath  ?  . .  394. 

What  are  parishes  ? 395. 

What  are  poll  parishes  ? 396. 

What  are  incorporated  parishes  ? 397. 

What  is  meant  by  education  ? 398. 

What  may  education  be  likened  to  ? 399. 

What  is  physical  power  ? 400. 

»Vhat  is  moral  power  ? 400. 

iVhat  is  intellectual  power  ? 400. 

vVhat  are  manners  ? 401. 

What  is  fashion  ? 402. 

What  is  the  use  and  misuse  of  dress  ? 403. 

How  are  manners  formed  ? 404. 

What  is  the  principle  of  manners  ? 405. 

What  arc  the  rules  for  forming  manners  ? 406. 

What  is  the  utility  of  good  manners  ? 407. 

Why  should  the  moral  sense  be  cultivated  ? 408. 

Why  is  slander  immoral  ? , 409 

Can  slander  be'  prevented  ? 410. 

How  are  the  faculties  of  mind  defined  ? 411. 

What  is  the  common  sense  opinion  as  to  the  faculties  of  the 

mind  ? 412. 

What  is  the  combined  effect  of  education  on  the  physical, 

moral  and  intellectual  powers  ? 413. 

What  is  the  proper  time  for  education  ? 414. 

What  is  the  meaning  of  the  phrase  "  Knowledge  is  power"  ?  .  415. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


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' fT^ofV 


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IN  STACKS  72 


(C7097slO)476B 


,    MAY  2  ** >7S         General  Library 

University  of  California 
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YB  08163 


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